TARALAKSHMI MANEKLAL Vs. SHANTILAL MAKANJI DAVE

JUDGEMENT

(1.) This petition is directed against the orders 17 March 1989 and 7 October 1995 dismissing petitioners suit seeking eviction of the respondents from the suit premises i.e. gala admeasuring 37' x 10' at Station Road, Thane.

(2.) The petitioners are the owners of municipal house no. 17381 at Station Road, Thane. On the ground floor, there are, in all, four galas, out of which one of the galas was let out by the petitioners to Shri Shantilal Dave ('Dave') for monthly rent of Rs.22.79. On each side of the suit premises, are the galas owned and possessed assigned tenancy rights in respect of the suit premises to Prabhulal Khimji Thakkar ('Thakkar'). This led to the petitioner instituting a suit against Dave and Thakkar alleging unlawful assignment. The suit was however dismissed. On the basis of evidence led in the present proceedings as well as the statement made by the petitioner before the appeal Court, it is safe to proceed upon the premise that the petitioner accepted that Thakkar is presently the tenant in respect of the suit premises.

(3.) The petitioner instituted regular civil suit no. 1349 of 1981 in the Court of Civil Judge, Senior Division at Thane (trial Court) seeking eviction of Dave, Thakkar as also Arora and Shah (sub tenants) on the grounds of default in payment of rents, unlawful subletting and reasonable and bonafide requirement. The suit was dismissed by judgment and order dated 17 March 1989. The appeal against the same was also dismissed by the District Judge, Thane (appeal Court) on 7 October 1995. Hence the present petition.