RAJESHWARI MAHADEO TRIPATHI Vs. NARHARI GOVIND SALGAONKAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14th January 1983 passed by the City Civil Court, Bombay, in S.C. Suit No.17 of 1972, dismissing the suit filed by the plaintiffs.

(2.) THE suit was filed by the plaintiffs against the defendants for possession of the suit premises, viz., shop no.2 situated in Pramod Prasad, Rafi Ahmed Kidwai Road, Wadala, Bombay. It is the case of the appellants - plaintiffs that they acquired tenancy in respect of the suit premises on a monthly rent of Rs.70/- in the year 1956 and started laundry business, in the name of appellant no.1 - plaintiff no.1. In the year 1963 respondent no.1-defendant no.1 approached appellant no.2-plaintiff no.2 with a request to permit him to put a sewing machine in a part of the suit shop premises and plaintiff no.2 gave him permission gratuitously out of pity. In October 1971 the plaintiffs closed down the laundry business with a view to start another business. As the plaintiffs have gone to their native place, defendant no.1 took disadvantage of the same and inducted defendant no.2 into the suit shop premises and allowed him to do the business of disposal of scrap papers. After coming from native place, plaintiff no.2 asked the defendants to vacate the suit shop premises. However, there was no response from the defendants. Therefore, plaintiff no.2 lodged a complaint with the police. When he returned from the police station, he found that the suit shop premises was locked by the defendants. Therefore, the present suit was filed by the plaintiffs against the defendants for possession of the suit shop premises.

(3.) AFTER framing the necessary issues and recording the evidence, the learned Judge has held that defendant no.1 was a sub-tenant and, therefore, dismissed the suit. Hence this appeal by the appellants-plaintiffs.