MADHUKAR KRISHNA DHUSANE OCCUPATION Vs. MANDABAI HARI CHOUDHARI

JUDGEMENT

(1.) Both these Writ Petitions can be disposed of by a common judgment since the Petitioners in both these Petitions are challenging the judgment and order passed by the District Court in Civil Appeal No.43 of 1996. For the sake of convenience the parties shall be hereinafter referred to as "plaintiff" and "defendant".

(2.) Brief fact in a nutshell are as under,

(3.) The plaintiff is a landlord of the premises which consists of one room situated in a Chawl known as Chaudhari Chawl, Thane being Room No.11. The defendant is residing in the said room No.11 since 1977. The said room shall be hereinafter referred to as "the suit premises". A notice was sent by the plaintiff- landlord to the defendant which was received by the defendant on 26/02/1980 wherein it was alleged that the defendant was a licensee of the plaintiff and by oral license the defendant was permitted to reside in the suit premises for 11 months from May, 1977 and the said license was terminated for reasons set out in the said notice. It was stated therein that the defendant is not entitled to occupy the suit premises and the plaintiff demanded possession of the suit premises.