RASIKLAL Vs. PARASKUMAR

JUDGEMENT

(1.) Admit. Notice after admission made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) The proceeding is filed to challenge the judgment and decree of R.C.A.No 10/2008, which was pending in the Court of Principal District Judge, Aurangabad. The Principal District Judge has allowed the appeal filed by present respondent/plaintiff against judgment and decree of Rent Suit No. 17/2005, which was pending in the Court of Civil Judge, Junior Division, Aurangabad. The suit of the plaintiff is decreed on the grounds of bonafide requirement for personal use and subletting by the tenant, the grounds provided under section 16 of the Maharashtra Rent Control Act.

(3.) The suit was filed in respect of shop premises, which is part of house No. 3-9-47 (old), 3-9-35 (new) situated at Shahaganj, Aurangabad. The plaintiff is landlord and he has contended that the suit property was given to defendant No. 4 - M/s. Ambika Machinery Stores as tenant. It is contended that defendant No. 4 was partnership firm at the relevant time and defendant Nos. 1 and 2 were it's partners. It is contended that defendant Nos. 1 and 2 have inducted defendant No. 3 as subtenant of the suit premises and defendant No. 3 is in possession of the suit premises as sub-tenant. Defendant No. 3 is son of defendant No. 2.