KAMAL D BAGAL Vs. SONABAI DINKAR HUNDEKAR (SINCE DECEASED) THROUGH HER LEGAL HEIRS SHOBHA ANNAPPA CHOUGULE

JUDGEMENT

(1.) This Writ Petition under Article 227 of the Constitution of India takes exception to the Judgment and Decree passed by the Additional District Judge, Kolhapur dated 27th August 1990 in Regular Civil Appeal No. 382 of 1984 thereby reversing the Judgment and Decree of possession ordered by the IIIrd Joint Civil Judge, Junior Division, Kolhapur dated 28th September, 1984 in Regular Civil Suit No. 165 of 1975. The original petitioner (predecessor of the present petitioners) being the landlord in respect of premises situated on CTS No. 634 C, in 'E' Ward at Kolhapur having two rooms, one admeasuring 30' x 23' 3" and other 30' x 10', instituted Suit for possession of the said premises against the original respondent (predecessor of the present respondents) on different grounds. However, before this Court the petitioners have confined to ground of default and bona fide requirement.

(2.) The Suit filed by the landlord was decreed by the trial Court on the ground of default, bona fide requirement as well as non-user of the tenement for the purpose for which it was let. The Appellate Court, however, reversed the decree of eviction on all the three counts. Against the said decision of the Appellate Court, the landlord has filed the present Writ Petition under Article 227 of the Constitution of India and pressed for restoration of decree of possession ordered by the trial Court limited to grounds of default and bona fide requirement.

(3.) Reverting to the first ground on which the landlords pray for possession of the suit premises, will have to be addressed keeping in mind the following