NETRAM GANPAT INGALE Vs. BALIRAM VYANKAT MISTRI

JUDGEMENT

(1.) PETITIONER Netram Ganpat Ingale was a tenant of house located on Municipal Plot No. 170, City Survey No. 1847-B/1, Bhavanipeth Jalgaon, of which one Mrs. Kantabai Tatyaba Hazare was the original landlady. One Dattraya Hazare sold the said house to the present respondents sometime in the year 1975. The respondents were in business even prior to 1975, of sewing machine repairs in the adjacent lane which was also a rented premises. The suit premises were taken on lease by the defendent from the original landlady without executing any lease agreement and the defendants continued as tenants in the same way even after plaintiff purchased it. The suit premises consist of 1 room of 17? ft. x 15? ft. with a toilet block on the ground floor and two rooms and a kitchen on the first floor. Defendent was paying a rent of Rs. 27. 50 p. m. and the tenancy was as per the English Calendar month.

(2.) ON 7-8-1977 the plaintiffs issued a legal notice to the defendents to vacate and handover the premises, on the ground that the said premises were required by plaintiffs for starting/increasing their business of sewing machine repairs and sale and that the existing premises in their possession were inadequate. The said notice was replied to by the present defendant on 8-9-1977 through their advocate, denying the contention of the plaintiffs. The defendent had also stated that the notice was not bona fide. The plaintiffs, therefore, filed Regular Civil Suit No. 550/1977 in the Civil Court at Jalgaon. By an order dt. 28-11-1980 the suit was decreed. The defendent, therefore, filed Civil Appeal Bearing No. 334/1980 before the District Court, Jalgaon and that appeal was also dismissed by an order dt. 14-12-1982 and the defendant was directed to handover the possession of the suit house to the plaintiffs within two weeks from 14-12-1982.

(3.) BEING aggrieved by the orders passed by the courts below, the petitioner filed Writ Petition No. 356/1983 at Mumbai and subsequently, the petition came to be transferred to this Bench and re-numbered as Writ Petition No. 3189/1989. During the pendency of this petition, the defendant Netram died and his L. Rs. have been brought on record as petitioner Nos. 1 to 9. Petitioner No. 4 also died and his L. Rs. have also been brought on record as petitioner Nos. 4 (a) to 4 (d ).