SADASHIV HARI ABHYANKAR Vs. SANJEEV MANOHAR BHAGWAT

JUDGEMENT

(1.) A gory State of affairs this petition reflects, revealing the scandalizing manner in which persons claiming to be tenants without a title of justification for the same can bring the decree-holder-landlord to his wit's end by instituting innumerable proceedings, most of them illegitimate.

(2.) It is necessary to state the facts chronologically. The suit premises are two Flats Nos. 7 and 8 in a building originally belonging to one Radhabai Hari Abhyankar. Both these flats were let out to the husband of one Smt. Gajarabai Damodar Mhaisalkar. It was a common lease for both the flats.

(3.) Now, comes the second round of litigation. The plea which should not have been taken by Suman Bhagwat in the suit filed against her mother Gajarabai, in her capacity as the heir and legal representative of Gajarabai but which she took and which plea was negative by the Court was once again raised by her by filing a Reg. Decl. Suit No. 30 of 1977. In that suit her contention was that she was a lawful sub-tenant of the suit premises which were the subject-matter of the earlier suit filed against her mother and in the alternative that she was a tenant, and that the decree passed against her mother and against herself as the heir and legal representative of her mother was not binding upon her. She also asked for injunction against the execution of the decree.