SWAKAK SALI SAMAJ Vs. VITHAL BABURAO AURANGE

JUDGEMENT

(1.) THE Appellant is a public charitable trust is and having 'Desothan' in the City Survey No.5844, Siddheshwar Peth, Solapur. Part of open land out of it admeasuring 18' x 20' was given to the father of the Respondent on lease. The father of the Respondents constructed a hut and was carrying on milk business. As the Appellant required the premises and as the father of Respondents was in arrears of rent for more than 6 months and a defaulter, the Appellant filed Regular Civil Suit No.854/1971 against him under the provisions of Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947.

(2.) THE father of the Respondents remained absent and ex-parte decree dated 12-3-1974 came to be passed against him on both the grounds viz. i) arrears or rent and ii) Appellant required the premises bonafide and reasonably for its own use and occupation. He died thereafter. The said decree was not challenged by anybody. The Appellant put that said decree for execution by filing Regular Darkhast No.294/1977 on 2-8-1977. The Respondents thereafter filed Civil Suit No.407/1978 for declaration that fresh tenancy was created in their favour by the Appellant and for perpetual injunction restraining the Appellant from executing the decree obtained in Regular Civil Suit No.854/1971.

(3.) THE learned Advocate appearing for the Appellant first submitted that the learned Judge has totally failed to consider the nature of the receipts produced at Exh.60 to 63 as none of the receipts were for any period after the decree was passed. The same cannot create any fresh tenancy. The learned Counsel for the Respondents submitted that the learned Judge has rightly considered the receipts and further fact that the Respondents have paid rent at the rate of Rs.10.00 and not at Rs.8.00 per month which was payable by their father. He also submitted that there is no substantial question of law involved.