SHRI JAIRAM SONY SHINDE AGE 68 YEARS, OCCUPATION RETIRED RESIDING AT BLOCK NO. 95/85, S.NO. 666 KIRLOSKAR HOUSING SOCIETY, MADHADEV NAGAR, HADAPSAR, PUNE Vs. SHRI SANJAY JAIRAM SHINDE, AGE 42 YEARS, OCCUPATION GARAGE

JUDGEMENT

(1.) By this appeal filed under section 100 of the Code of Civil Procedure, 1908, the appellants (original defendants) have impugned the judgment and decree dated 22nd Dec., 2011 passed by the learned District Judge - 14 and Additional Sessions Judge, Pune, dismissing Civil Appeal No.489 of 2010 filed by the appellants thereby impugning the judgment and decree dated 20th April, 2010 passed by the learned trial Judge, passing a decree in favour of the respondent (original plaintiff) inter-alia praying for possession of the suit premises i.e. Hutment bearing No.994, situated at Nagpur Chawl, Yerwada, Pune - 411006 in Regular Civil Suit No.1762 of 2007. Some of the relevant facts for the purpose of deciding this second appeal are as under :

(2.) The appellant no.1 is the son of the respondent. The appellant no.2 is the daughter in law of the respondent. The suit premises is situated in a protected slum area of the Government and is under the control of the Pune Municipal Corporation. The suit premises is not owned by the respondent, but vests in the Government or Pune Municipal Corporation.

(3.) It was the case of the respondent that he had permitted the appellants to occupy the suit premises along with him, due to love and affection for his son and daughter in law. The appellants however, dispossessed the respondent. The respondent accordingly filed a suit bearing Regular Civil Suit No.1762 of 2007 before the learned 8th Civil Judge, Senior Division, Pune, inter-alia praying for possession of the suit premises against the appellants.