JAINABI YUSUF LAMBE Vs. JAINABI ALLIMIYA WAGALE

JUDGEMENT

(1.) BOTH these appeals can be conveniently disposed of by this common judgment as they arise out of the same dispute and have been disposed by the lower Court by common judgment.

(2.) THE subject matter of both these appeals is the impugned order dated 25. 4. 2000 passed by the learned addl. District Judge, Ratnagiri, dismissing both appeals with costs. The only substantial question of law involved in these appeals as framed by my learned predecessor, is regarding interpretation of document Exh. 73 which is the agreement between the parties to determine whether the said document is the document creating tenancy or a mere licence.

(3.) THE facts involved in these appeals, in brief, are thus Respondent No. 1 Jainabi Allimiya Wagale (hereinafter referred to as "the original plaintiff") owned and possessed Municipal House No. 1082 at Ratnagiri. The said house is called as "waciale Court". The plaintiff was running a hotel business and business of lodging house in three rooms on the ground floor and three rooms on the first floor. Originally, Municipal House No. 1082 "wagale Court" belongs to plaintiff Jainabi Wagale's brother. She purchased it from her brother and since then she has become owner of the suit house. The business of hotel and lodging was being conducted under the name and style "grand Hotel". The necessary licence for the said business, however, stood in the name of plaintiff's husband Allimiya Wagale. Thus, after purchasing House No. l082, plaintiff conducted the above said business for a year or two. Meanwhile, the plaintiff's husband took ill. Therefore. it became difficult for plaintiff to run the said business and, therefore, she began to conduct the hotel and lodging house business through others on certain terms and conditions.