LAXMIBAI SHANTARAM MAHANT Vs. EKNATH BALARAM MAHANT

JUDGEMENT

(1.) HEARD . The learned counsel for the petitioner submits that pursuant to the order passed by this Court on 28.1.1997, the contemnor-respondent who is defendant no.1 in the original suit has not shared the rent and other income of the suit property in equal proportion and has also not borne and paid out-going incurred to the suit property including tax equally. The learned counsel for the petitioner in support of his arguments relied upon the statement of the account showing the amount which has not been shared by the contemnor respondent and which reads thus :

(2.) MR .Ranade, the learned Counsel appearing for the contemnor-respondent seriously controverted the contention of the learned counsel for the petitioner. He submitted that the respondent-contemnor has spent actually over and above the income collected from the property. In this connection, he submitted the statement of various taxes paid by him, the details of rent, the collection and the amount spent over and above the rent collection. The said statement reads thus:

(3.) THE statement made in the alternative by Mr.Kanade, the learned counsel for the respondent-contemnor (defendant No.1) is accepted. It is observed that the defendant No.1 shall henceforth faithfully comply with the directions given by this Court in the order dated 28.1.1991 and the subsequent order dated 23.10.1997 and submit the statement every month to the petitioners.