ABDUL ALIM ABDUL MAJIDKHAN Vs. MULSHANKAR JAYCHAND VORA

JUDGEMENT

(1.) THE petitioner was the plaintiff and the respondent the defendant in a suit, being Regular Civil Suit No. 700 of 1978, in the Court of Civil Judge Junior Division at Solapur. The suit had been filed by the petitioner for possession of certain rooms tenanted by the respondent. The said rooms are situated in C.T.S. No. 8740/1 B at Goldfinch Peth at Solapur. Several grounds had been urged by the petitioner in support of his claim of possession.

(2.) THE learned trial Judge by his judgment and order dated 29th of April, 1980, decreed the suit practically on all the grounds which had been urged by the petitioner in support of his claim for possession. The respondent preferred an appeal, being Appeal No. 396 of 1980, which was heard and allowed by the learned Assistant Judge of Solapur by his judgment and order, dated 2nd of May, 1981. While allowing the appeal the learned Assistant Judge reversed the findings of the trial Courts on all the points. It is this order of the learned appellate Judge that is the subject-matter of challenge in this petition under Article 227 of the Constitution.

(3.) THE learned Assistant Judge also did not fail to notice that neither in the suit notice nor in the relevant paragraphs of the plaint the petitioner had mentioned for what purpose the suit premises were required. Apart from baldly mentioning that he required the suit premises for his own use and occupation the petitioner had not given any other details which could have enabled the respondent from challenging his claim or which could help the Court in testing whether the petitioner's claim was reasonable and bonafide. What is still worse is that the building in which the suit premises are situated has been agreed to be sold by the petitioner to one Manohar Ramchandra Kulkarni it is now found that the petitioner has not abided that agreement. Even a part of the adjacent open spaces which also belonged to the petitioner has been sold away by him to one Balkrishna Bhagwant Kulkarni.