LAWS(BOM)-1996-10-73

VITHOBA RAVAJI MANKAR Vs. DIGAMBAR GABA CHOUDHARI

Decided On October 03, 1996
VITHOBA RAVAJI MANKAR Appellant
V/S
DIGAMBAR GABA CHOUDHARI Respondents

JUDGEMENT

(1.) THE present petitioner - Vithoba Mankar is a tenant in respect of House CTS. No. 427 and also of some portion from CTS No. 428/1 situated in the township of Raver, Tq. Raver, Dist. Jalgaon, at a monthly rent of Rs. 26/-, whereas the respondent Nos. 1 to 5, the original plaintiffs, are the owners thereof. The present respondent Nos. 6 and 7 - Sitaram Narayan and Bansi Kisan, are the alleged sub-tenants of the present petitioner, who was the original defendant No. 1 in the trial Court.

(2.) THE facts of the case are as under :-

(3.) AS regards the contention of the respondent Nos. 1 to 5 that Ramdas Supdu and Ladakabai had initiated proceedings against the respondents for eviction and possession, the plaintiff answered saying that the said suits were collusive one with an intention just to anyhow evict the petitioner from the premises in question. It was his contention that it was just by way of creation of evidence in support of the claim of respondent Nos. 1 to 5 for bona fide need, the plaintiff further contended that if a decree for eviction was passed, it would cause great hardship to the petitioner. The petitioner also had contended that the original defendant Nos. 2 and 3 i. e. the present respondent Nos. 6 and 7 are not the sub-tenants. However, they were the persons who were allowed to install a pan shop in front of his hotel and that the Pan shop was run by the defendant No. 1 i. e. the present plaintiff himself through those two persons from whom he was not taking any rent. In short, the petitioner sought for dismissal of the suit on all grounds.