RAMKRISHNA MALHARI JAMDADE Vs. DATTATRAYA SHANKAR HAZARE

JUDGEMENT

(1.) WRIT Petition No. 3129 of 1989 is by the tenant and Writ Petition No. 3194 of 1989 is by the landlord. Civil Suit No. 609 of 1978 on the file of the Joint Civil Judge (J. D.), Ahmednagar, was filed by the plaintiff-landlord, the petitioner in Writ Petition No. 3194 of 1989 against the respondent-tenant, who is the petitioner in Writ Petition No. 3129 of 1989, for recovery of possession of the suit premises on the ground of arrears of rent and bona fide requirement. The learned Joint Civil Judge dismissed the suit on the ground that neither there is bona fide requirement nor was there any arrears of rent.

(2.) AGAINST the said judgment, the plaintiff, petitioner in Writ Petition No. 3194 of 1989 filed appeal before the Extra Assistant Judge, Ahmednagar, as Civil Appeal No. 278 of 1980. The appellant Court also rejected the plea of bona fide requirement, but decreed the suit for possession on the ground of arrears of rent.

(3.) THE tenant thereupon filed Writ Petition No. 3129 of 1989 against the decree for possession passed against him and the landlord filed the Writ Petition No. 3194 of 1989 against the rejection of appeal by the appellate Court on the ground of bona fide requirement. That is how these two writ petitions came to be filed based on a single appellate Courts judgment. Since the matters are connected and arise out of a common judgment, I thought it fit to hear these writ petitions jointly and to dispose of the same by a common judgment.