SHANKARLAL SONILAL TOSHNIWAL Vs. KONDIRAM TUKARAM BHISE

JUDGEMENT

(1.) THIS is the writ petition under Article 227 filed by the tenant challenging the decree for possession passed by the Assistant Judge, Satara, dated 9th March 1981 in Regular Civil Appeal No. 197 of 1976. Few facts which are relevant for the purpose of this petition are as follows :

(2.) THE respondent-landlord filed suit for possession being Civil Suit No. 70 of 1972 on the ground of arrears of payment, of rent unlawful subletting, bonafide requirements and change of user. The said suit was dismissed on 12th August 1976. Aggrieved by the said judgment and decree, landlord filed Civil Appeal No. 197 of 1976. The Appellate Court confirmed finding relating to bonafide requirements and change of user and held that landlord is not entitled to get decree for possession on the ground of bonafide requirements and change of user. However, by judgment and order dated 17th March 1979 District Judge held that unlawful subletting is proved so also the ground of default is proved and hence he passed decree for possession against petitioner tenant.

(3.) ON remand the Learned Assistant Judge allowed the appeal and he inter alia held that possession given by defendant No. 1 to defendant No. 2 was exclusive. Thus he recorded a finding in favour of the Respondent landlord and allowed the appeal by his judgment and order dated 9th March 1981.