SUDHAKAR BHAGWAN SHIRAL Vs. BHAGWAN VANAPPA KABADE

JUDGEMENT

(1.) Applicants/Original Defendants have invoked revisionary jurisdiction of this Court under Sec. 115 of the Code of Civil Procedure, 1908 challenging the judgment and order dtd. 30/5/2018 passed by the Ad-Hoc District Judge-I, Barshi dismissing Regular Civil Appeal No. 300 of 2014 (Old RCA No. 132 of 2013) and confirming the decree dtd. 27/2/2013 passed by the Civil Judge Senior Division, Barshi in Regular Civil Suit No. 279 of 2012 (Old RCS No.8/1992). The Trial Court, while decreeing the suit of Plaintiffs, has directed Applicants/Defendants to surrender vacant possession of the suit property, as well as to pay arrears of rent.

(2.) Originally, RCS No.8/1992 was filed by five Plaintiffs as members of joint family. However, during pendency of the suit, joint family properties came to be partitioned in the year 1997 and house City Survey No. 4048/b and 4048/f came to the share of Plaintiff Nos. 1 and 2. A Shop admeasuring approximately 65 sq.ft out of house bearing City Survey No.4048/b (admeasuring 5.8 sq.mtrs) and a room admeasuring 88 sq.ft in City Survey No. 4048/f is a suit property in which Defendant No.1- Sudhakar Bhagwan Shiral was inducted as a tenant for the purpose of running grocery shop. Plaintiffs allege that Defendant was in arrears of rent since 1/4/1990. Plaintiffs further pleaded case of bonafide requirement and sought recovery of possession of the suit premises from Original Defendant-Sudhakar.

(3.) During pendency of the suit, Original tenant-Sudhakar passed away on 20/5/2005 and his legal heirs, Sachin (Sachiv), Guddi and Saraswati were brought on record. Also brought on record was Sudhakar's brother, Prabhakar, who according to Plaintiffs, commenced the business of cycle shop in the suit premises after the death of Sudhakar, though Prabhakar is not a tenant in respect of the suit premises.