RAMRAO BALAJI KOTHARE Vs. LILA

JUDGEMENT

(1.) THE present petition has been filed by the original plaintiffs seeking to challenge the judgment dated 9th March, 1988 passed by the Appellate Court of the Small Causes in Appeal Nos. 591/84 and 674 of 1984.

(2.) BY the said judgment the former appeal of defendant No. 3 and latter appeal of defendants Nos. 1(a) to 1(c) and defendant No. 2 were allowed and the suit of the plaintiffs for possession was dismissed. The premises in dispute are the 3rd floor premises in the building 'Shri Krishna Pant Nivas' situated at 204, Raja Ram Mohan Roy Road. Girgaum, Bombay -400 004. The said building was originally owned by one Khanderao Krishnanath Kirtikar who died in or about 1948 leaving behind a will under which the plaintiffs were appointed as executors and trustees. One Dr. Narayan V. Ajinkya was a tenant in respect of a portion of the said building till his death in or about the year 1944. The original defendant Dr. Yeshwant Narayan Ajinkya was the son of Dr. N.V. Ajinkya.

(3.) THE suit was initially resisted by the original defendant by filing his written statement. After his death, the suit was resisted by defendant Nos. 1A to 1C by filing their independent written statements. Defendant Nos. 1A to 1C inter alia contended that the suit premises on the third floor, certain portion of the second floor, and small room on the ground floor were subject matter of one tenancy. Consequently, the suit notice and the present suit filed for possession of the third floor being part of the premises let was not maintainable in law. The allegations regarding the non user, unlawful sub -letting and erection of a permanent construction were denied.