SADANAND KRISHNAJI KIRLOSKAR (SINCE DECEASED THROUGH HIS LEGAL REPRESENTATIVES) NIRMALA SADANAND KIRLOSKAR & ORS Vs. TALAKCHAND GANGARAM DOSHI (SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES AMRUTLAL TALAKCHAND DOSHI

JUDGEMENT

(1.) The petitioners (landlords) challenge the judgment, decree and order dated 22nd March 1995 made by the III Additional District Judge, Solapur (Appeal Court) in Civil Appeal No. 247 of 1991 and seek restoration of judgment, decree and order dated 29th June 1991 made by the Civil Judge, Junior Division, Solapur (Trial Court) in Regular Civil Suit No. 1439 of 1986 ordering the eviction of the respondents (tenants) from the commercial premises admeasuring 1511 sq. ft., Pofferin Chowk, Solapur (suit premises) on the ground of reasonable and bona fide requirement of the landlords, subletting, non user and acquisition of alternate accommodation.

(2.) The landlords case as pleaded in the suit seeking eviction is that the suit premises were let out to late Mr. Vishwanath Kanhale to undertake the business of grocery shop under the name and style of 'Anand Stores' some time in the year 1932. The said Mr. Kanhale, sold the goodwill of the grocery business along with the stock-intrade to M/s. Mohanlal Doshi, which was a partnership firm comprising Mohanlal Doshi and Talakchand Gangaram Doshi (original defendant no. 1 in the suit) as partners. Thereafter the firm was dissolved and Talakchand continued the business of grocery in the suit premises.

(3.) The landlord, Sadanand Krishnaji Kirloskar (Kirloskar) in the year 1955 completed course of licentiate relating to manufacture of textiles. Kirloskar served with Jain Mills at Solapur as Spinning Technician and Assistant Spinning Master. In 1977 or thereabouts, there was a family partition in which the suit premises along with some other properties came to be allotted to Kirloskar.