SHASHIKANT KARBOTKAR Vs. SURESH R KARBOTKAR

JUDGEMENT

(1.) THE petitioner had filed a suit for eviction and mesne profits against the respondents. The case of the petitioner is that when he was sick, he had requested original defendant No. 1 Suresh Karbotkar, who is his brother, to look after the business; that taking advantage of sickness of the petitioner, original defendant No. 1 fraudulently obtained plaintiffs signatures on some documents; that on recovery of illness, original defendant No. 1 declined to hand over the suit business. According to petitioner, the so-called deed of lease/royalty under which the respondents claim right is a manipulated document and the said document has not been produced by the respondents to date in the Civil Suit. Even though the petitioner claimed that the said document was manipulated, yet he chose to terminate the so-called agreement/deed of lease/royalty. On these grounds, the petitioner sought eviction of the respondents.

(2.) SUBSEQUENTLY to the filing of the suit, the petitioner filed an application on 10-3-1995 under section 151 C. P. C read with Order XV-A C. P. C seeking direction to the respondents to deposit royalty amount of Rs. 750/- per month-arrears to date and to continue to pay the said arrears and in the event the respondents fail to deposit the same, the defence be struck off.

(3.) THIS application was dismissed by the trial Court on the ground of its maintainability without going into merits of the claims put up by the parties in the Suit.