HANUMANT GANAPATI SHINDE Vs. VASANT SHIVRAM BARTAKKE

JUDGEMENT

(1.) BY this petition, the petitioner challenges the. judgement and order passed by the Additional District judge, Satara in regular Civil Appeal no. 165 of 1989 reversing the judgement passed by the learned civil Judge, Jr. Division in Regular Civil Suit no. 469 of 1987.

(2.) THE petitioner is a landlord and claims to be the full owner of northern half part of the property bearing city survey no. 198, Bhavani Peth, Satara. The total property originally belonged to Gangadhar phadke and was inherited by his two sons Anant and sitaram. Anant Phadke died in 1998 and Sitaram phadke died in the year 1978. Gangadhar also owned some other properties including 82, Venkatpura. By a sale deed dated 8th January 1987, Anant Phadke acting through his Power of Attorney and daughter Chitra phadke @ Suhasini Deshpande sold northern half share in the property 198, Bhavani Peth to the petitioner. The northern half share in the said property was sold on the basis that there was a partition between Anant and Sitaram and northern half part of the property was allotted to the share of Anant. There is however, some dispute as to whether there was a partition between Anant and Sitaram and son of sitaram who was examined as D. W. No. 3 denied that there was a partition. It is however, not necessary to dwell further on the issue of the partition because even assuming that there was no partition there is no dispute between the parties that Anant had a half in the entire property and he had sold his share through Power of Attorney to the petitioner. Thus, assuming that there was no partition, the petitioner would at least be a co owner to the extent of half snare in the northern part of the property. Being a co-owner, he was entitled to file a suit for possession.

(3.) THE father of the respondent nos. 1 to 3 i. e. Shivram Baltakke was a tenant occupying one shop admeasuring about 7. 5 SQ. m situated on the northern side of the ground floor of house no. 198, Bhavani peth which shop is hereinafter referred to as the 'suit shop'. Respondent no. 4 is the son of respondent no. 2 and is alleged to be a sub - tenant. The petitioner after having purchased the property on 8th January 1987 filed a suit for possession against the respondents on 7th September 1987 in the Court of civil Judge, Jr. Division, Satara on the ground of bonafide requirement subletting, erection of a permanent construction and non - user. The trial court decreed the suit on the ground of bonafide requirement, subletting as well as erection of a permanent structure. The first appellate court reversed the judgement on all the counts and dismissed the suit. The judgement of the Appellate court is impugned in this Writ Petition.