ZAKIR MURTUZ HIROLI Vs. SIDDHESHWAR DEVASTHAN PANCH COMMITEE

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The suit property involved in the matter are two sheds with open land situated at Solapur. The property belongs to Shri Sidheshwar Devsthan Panch Committee (hereinafter referred to as "the said Trust"). The respondent Nos. 1 to 34 are the trustees of the said Trust. The Trust with the said trustees filed Regular Civil Suit No.195 of 1973 for eviction and possession and for recovery of rent against the respondent Nos. 35 and 36. It was the contention of the plaintiff-Trust that the land along with two sheds was used for the purpose of holding the fodder market and the cultivators used to bring fodder on their bullock-carts for sale in that market. The plaintiff-Trust had entered into an agreement with Haji Hasansaheb and under that contract Haji Hasansaheb was allowed to conduct the fodder market and to collect charges of four annas from each bullock-cart coming to that market. He was also allowed to collect the pieces of fodder which would be left out as well as the cattle-dung. He was to pay certain amount to the said Trust annually for this purpose. He was also required to pay a nominal rent of Rs.2/- per month for each of the shed. The agreement had taken place some time in 1960 and under that agreement, he was conducting the market. The agreement was renewed in 1965 again. Haji Hasansaheb died on 14.5.1969 and he was survived by his two widows and a son and a daughter. After his death, his brother, defendant No.2 Abdul Sattar took over the responsibility of Haji Hasansaheb and gave in writing that he would be liable to pay arrears of rent due from Haji Hasansaheb and he also agreed to comply with and act as per the contract entered into between the plaintiffs and Haji Hasansaheb. In 1971, he again executed the document in favour of the plaintiffs admitting the liability to pay arrears of rent. According to the plaintiffs, defendant No.2 as well as other legal heirs of deceased Haji Hasansaheb had failed to pay the arrears of the amounts due, including the rent of the two sheds. Therefore, the plaintiffs filed Regular Civil Suit No.195 of 1973 on 22.2.1973 for the purpose of eviction and possession as well as for recovery of certain amounts. It may be noted that the four L.Rs. of Haji Hasansaheb were shown as defendant Nos. 1A, 1B, 1C and 1D and even though Haji Hasansaheb had died long back, he was shown as defendant No.1. Pending the suit, defendant No.2 also died and his L.Rs. being defendant Nos. 2A and 2 B were brought on record.

(3.) The L.Rs. of Haji Hasansaheb and defendant No.2 filed their written statements and they took several defences in respect of the arrears of amounts.