ABBAS KASAM NADDAF Vs. SAYYAD MOHIDDIN SAHEB JAMADAR

JUDGEMENT

(1.) The Petitioners-tenants, legal heirs of original defendant No. 1 have invoked Article 227 of the Constitution of India and sought to challenge the judgment and order passed by the Additional District Judge, Satara (for short "appellate Court") , dated 21st november, 1989 in Regular Civil Appeal no. 165 of 1983 by which respondent Nos. 1, 2 and 4 to 7 - original plaintiffs Nos. l to 6 - landlords' Appeal was allowed and the judgment and decree dated 7th July, 1983, passed in Regular Civil Suit No. 270 of 1978 by the civil Judge, Junior Division, Karad (for short 'trial Court") , was set aside and, in the result, landlords-respondents, suit has been decreed therefore, the present Writ Petition by the heirs of the original tenant - defendant No. 1 in the suit in question.

(2.) One Mohiddin, father of respondents, inducted the petitioners' father abbas in the suit premises as a monthly tenant on 6th August, 1949. Sometime in the year 1955, Mohiddin, father of the respondents, filed regular Civil Suit No. 68 of 1955 in the Court of Civil Judge, Junior Division, Karad, for the declaration and possession against the petitioners' father Abbas, one Gulam Kasam bagwan and respondents herein. Petitioners' father resisted the said suit by his Written statement and basically contended that respondents' father Mohiddin was the owner of the said premises. The respondents herein, who were the defendants in the said suit, also filed their Written Statement and supported the case of the owner of the suit premises i. e. original plaintiffs. On 23rd January, 1959, the said suit was decreed and the said Mohiddin, father of the respondents, was declared owner of the suit premises by adverse possession. He was also declared as sole and exclusive owner of the said premises. The respondents herein, who were defendants in the said suit, never challenged the said findings in favour of their father Mohiddin and in a way, waived, relinquished and/or gave up their rights, if any

(3.) On 27th February, 1959 mohiddin entered into an agreement of sale with abbas, father of the petitioners herein. Mohiddin agreed to execute the sale deed as per the said agreement to sell (Exhibit-78). From the date of the said agreement dated 27th February, ' 959, till 18th March, 1974, petitioners' father abbas, stopped paying monthly rent as the said mohiddin also stopped collecting the monthly rent. Their relations were cordial and, therefore, as alleged, Abbas, the petitioners' father, orally requested Mohiddin on various occasions to execute the sale deed. In the year 1966, due to an earthquake, the suit premises was damaged and, therefore, petitioners' father abbas had reconstructed the suit premises, mohiddin never raised any objection to the same at the relevant time and/or immediately thereafter. Both the parties, therefore, acted on the basis of the said agreement dated 27th february, 1959.