SHRINIVAS MADHAV SHENOY Vs. CHANDRAKANT SHRIDHAR BHAT

JUDGEMENT

(1.) BOTH these petitions have been filed by the same persons, Shrinivas Madhav Shenoy and in both these petitions, the same orders passed by the subordinate Courts are challenged. Therefore, both the petitions can be conveniently disposed of by a common judgment. These petitions are filed under Article 227 of the Constitution of India.

(2.) THE facts giving rise to these petitions are that the building known as 'Mhatre building' being house No.389, situated at Belapur Road, Kalwa, Thane was owned by one Narayan Mhatre. Shop No.4 in that building, which is on the ground floor, was given on lease to one Shridhar Bhat, of whom the present respondents are the legal representatives. The petitioner-Shrinivas filed a suit being Regular Civil Suit No. 1048/1979 for a declaration that he is licensee of shop No.4, which is the suit premises. The original defendant No.1 - Narsimha Bhat also filed Civil Suit being Regular Civil Suit No.38/80 claiming a permanent injunction against the petitioner-Shrinivas, restraining him from interferring with the possession of Shri Narsimha Bhat of the suit premises. Both the suits were decided by a common judgment by the Joint Civil Judge, J.D., Thane, dated 30th April, 1985. The learned Trial Court dismissed the suit filed by the petitioner-Shrinivas. However, decreed the suit filed by the defendant No.1 Shridhar Bhat. The petitioner-Shrinivas filed two Appeals before the Appellate Court, being Civil Appeal No.323/1985 and 324/85, challenging the common judgment passed by the Trial Court. Both the Appeals were decided by the Vth Additional District Judge, Thane by his judgment dated 7.3.1988. The learned Appellate Court, dismissed both the Appeals and confirmed the findings recorded by the Trial Court. Therefore, these two petitions have been filed, challenging the common judgment passed by the both subordinate Courts.

(3.) IN the result, therefore, the petitions fail and are dismissed. Rule is discharged with no order as to costs.