SITARAM NARAYAN SHINDE Vs. IBRAHIM ISMAIL RAIS

JUDGEMENT

(1.) BY this petition, the petitioner challenges the judgement and decree passed by the District judge, Raigad on 4th December 1990 in Civil Appeal no. 74 of 1986 confirming the decree for possession passed by the learned Civil Judge, Jr. Division, pen.

(2.) THE petitioners are the heirs of Narayan shinde who was the original tenant. The respondent no. 1 is the owner and landlord. An open plot of land admeasuring about 30' x 30' out of City Survey no. 1514/1, Pen (hereinafter referred to as the suit property) was taken on rent by Narayan Shinde, father of the petitioner no. 1. The respondent no. 1 purchased the suit property on 17th December 1963 and filed a suit bearing Regular Civil Suit no. 10 of 1969 for possession. The said suit was dismissed on the ground that the tenancy of the petitioners was not properly terminated. The Civil Appeal no. 17 of 1972 filed by the respondent nos. 1 and 2 was also dismissed. Thereafter, the respondent nos. 1 and 2 by a notice dated 13th November 1973 terminated the tenancy by the end of December 1974, and after some years filed a suit bearing regular Civil Suit no. 25 of 1980 against the respondents. The suit was decreed and the appeal filed by the petitioners was dismissed. That judgement of the appellate Court is challenged in this Writ Petition.

(3.) THE trial Court as well as appellate Court have decreed the suit of the respondent nos. 1 and 2 on three grounds i) the petitioners were in arrears of rent from January 1966 to December 1973 ii) the petitioners had sub-let the super structure erected by them on the suit property and iii) the respondent nos. l and 2 require the suit reasonably and bonafide.