RAMGOPAL SHRIKRISHNA ASOWA Vs. SATYANARAYAN RAMNIVAS PHOTALIA

JUDGEMENT

(1.) On City Survey No. 2880/6, in the City of sholapur, there was a godown, bearing Municipal No. 748/5, belonging to one Rajkumar Laxminarayan Rathi. Two-third of this godown was rented to Ramgopal Shrikisan Asawa, the petitioner in the present petition, on a monthly rent of Rs. 69.64. In 1968 the said Rajkumar issued a notice terminating the tenancy of the petitioner with effect from 31st March, 1968 and followed this up by filing a suit on 4th May, 1968 in the Court of the Civil Judge, Junior Division for possession of the leased premises on various grounds. This suit, being Regular Civil Suit No. 444 of 1968, was filed by the said Rajkumar, as already mentioned, for possession on the ground that the petitioner was in arrears of rent for more than six months, that the petitioner had sublet a portion of the suit premises for parking of a car, that the petitioner had made a permanent construction without the consent of the landlord and lastly that the landlord required the suit premises bona fide and reasonably for his occupation inasmuch as it was necessary for stocking goods in his expanding cloth business.

(2.) The suit was dismissed by the trial Court and in the appeal preferred by the landlord, on 30-6-1970 consent terms were arrived at between the parties and accordingly a decree was passed.

(3.) Thereafter, on 27th April, 1971, the said Rajkumar, who was the original decree-holder, sold the entire building in which the suit premises were situated along with the decree obtained by him in the proceedings mentioned hereinbefore to the respondents in this petition. The consideration for this assignment is mentioned as Rs. 16,900/- in the sale deed. Thereafter, on 1st September, 1971, the respondents filed an execution application, being Regular Darkhast No. 338 of 1971, for possession of the premises which the petitioner had agreed to deliver to the landlord in terms of the consent decree passed on 30th June, 1970.