A RUKMINIBAI HARIBHAU GHODKE Vs. NARHAR TUKARAM MUDGAL

JUDGEMENT

(1.) One Haribhau Bhimrao Ghodke was the landlord of a building situated at village Pandharpur in Solapur district. One Saraswatibai Nar-har Mudgal was his tenant. Regular Civil Suit No. 36 of 1969 was filed by Haribhau Bhimrao against the said Saraswatibai for possession of the premises leased to her on the ground, amongst others, that the landlord required the same bona fide and reasonably for his own use and occupation. Pending the suit Saraswatibai died and her legal representative, the present respondent, was brought on record.

(2.) By his judgment and order dated 14th Dec. 1971 the learned trial Judge dismissed the suit holding, among other things, that the notice by which the landlord had terminated the tenancy of Saraswatibai was invalid. The landlord preferred an appeal, being Civil Appeal No. 18 of 1972, which was heard and dismissed by the learned Extra Assistant Judge of Solapur by his judgment and order dated 9th Aug. 1973. The learned Appellate Judge concurred with the view of the, trial Court that the notice purporting to terminate the tenancy of the tenant did not in law terminate the tenancy. The learned Appellate Judge, however, held that if the tenancy is deemed to be terminated properly then he would bave remitted the matter to the trial Court for considering the feasibility of passing a decree for part of the premises.

(3.) It is this decree of the learned Extra Assistant Judge that is challenged by the present petition. During the pendency of the petition, Haribhau Bhimrao the original landlord died and his legal representatives have been brought on record and they are hereinafter referred to as the petitioners.