ZOPADI RAMDEO MANDIR TRUST Vs. B MOHANLAL

JUDGEMENT

(1.) The Petitioner is the landlord trust. It challenges in this Writ Petition, one that was admitted on 6th June 1997, the decision dated 9th February 1988 of the Additional District Judge, Pune in Civil Appeal No. 931 of 1985. That appellate order resulted in a dismissal of the Civil Appeal and the confirmation of the order dated of 18th August 1984 of the 2nd Additional Small Causes Judge, Pune dismissing the Writ Petitioners' eviction Civil Suit No. 1621 of 1980. I will refer to the parties as plaintiffs and defendants.

(2.) Plaintiff No. 1 is a public trust. Plaintiffs Nos. 2 to 4 and Defendants Nos. 3 and 4 are the trustees. The property in question is at Ravivar Peth in Pune. The case of the Petitioners were that the 1st Defendant to the suit, one M/s B Mohanlal and Brothers, were the original tenants. According to the Plaintiffs, the 1st Defendant unlawfully sublet the premises, which are commercial in nature, to the 2nd Defendant, M/s Modi and Company. The Trial Court framed nine issues after pleadings were complete. The Trial Court, by its order and judgment dated 18th August 1984 held in favour of the Defendant and dismissed the suit.

(3.) The Plaintiffs appealed. The Appeal Court framed six points for determination.