LAWS(BOM)-2009-7-327

RAIMALBUA SANSTHAN Vs. SUMANBAI WD/O RAMKRUSHNA WANKHADE

Decided On July 06, 2009
Raimalbua Sansthan Appellant
V/S
Sumanbai Wd/O Ramkrushna Wankhade Respondents

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally with consent of the parties.

(2.) By this writ petition, the petitioner - Trust challenges the decision rendered by the District Judge - I in Regular Civil Appeal No. 78 of 2006, whereby he set aside the decree for possession in favour of the petitioner/plaintiff.

(3.) The facts are as follows The petitioner/plaintiff is a trust and is the owner of the suit property. It is alleged that one Namdeo Wankhade was inducted as a licensee in the suit premises and in lieu of the same he used to render the services to the trust. It is also alleged that he used to clean the premises and offer 'Puja and Archana'. It was agreed that the licensee should not encroach upon any portion of the property belonging to the petitioner. It was further agreed that upon death of the original licensee, the licence was liable to be terminated. After death of Namdeo his son Ramkrushna became a licensee. Ramkrushna was also performing the same job and after his death the defendants are occupying the premises. The petitioner/ plaintiff contends that since Ramkrishna has died and the licence has come to an end.