(1.) All the present civil revision applications have arisen out of one and the same suit filed by the common respondents No. 1 (since deceased) for eviction of the defendants therein on the ground of default in payment of rent, nonuser of the suit premises by the original defendants No. 1 and 2 i.e. the petitioners in civil revision application No. 112/2012 for a period of more than six months and subletting some portions of the suit premises to the lateron added defendants No. 3 to 7, including the petitioners in civil revision applications No. 113/2012 and 114/2012. The suit was decreed by the learned Civil Judge Senior Division, Ahmednagar on the ground of default in payment of rent and nonuser of the suit premises. The ground of subletting some portions of the suit premises did not find favour with the trial court. Aggrieved by the decree passed by the trial court, the original defendants No. 1 and 2 preferred an appeal before the District Court and aggrieved by the refusal of decree against original defendants No. 3 to 7 as subtenants, the original plaintiffs filed crossobjection.
(2.) The learned Principal District Judge dismissed the appeal and though did not agree with the plaintiffs that the defendants No. 3 to 7 were subtenants, held that they do not have any independent title than that of the tenants i.e. of defendants No. 1 and 2 and therefore, the decree passed by the trial court was confirmed.
(3.) It is to be noted that out of these defendants No. 3 to 7, while some of them failed to put their appearance and therefore, the suit proceeded exparte against them in the trial court, some of them did not file any written statement and their Advocate had filed no instructions purshis from their respective clients. Eventually, the suit proceeded without any written statement from them. The revision petitioners in civil revision applications No. 113/2012 and 114/2012, are the defendants, who failed to file the written statement.