SNEHALATA RAGHUNATH JOSHI Vs. LAXMAN HARI MULIK

JUDGEMENT

(1.) The petitioner, landlord has challenged the reversal order dated 5/10/1990 passed by the Additional District Judge, Sangli whereby, the lower Appellate Court allowed the Appeal filed by the respondents/tenants and the decree for possession passed in Regular Civil Suit No. 117/ 1979 dated 25/7/1984 is set aside except the part of the money decree, that resulted into dismissal of the suit for possession, filed by the Petitioner.

(2.) The suit premises-shop admeasuring 12 x15 sq.fts. on the ground floor in a building situate in C.T.S. No. 736-A, B, C, known as Wadekar Building, Ganpati Peth, Sangli. It was leased out to the Original tenant Shri Mulik- Original defendant No. 1 at Rs. 10/-per month, including electricity charges, education charges, for running tailoring business "Mulik Tailoring shop". He suffered from Leprosy and was unable to run his business. As defendant No. 1 wanted to sub-let the premises, the petitioner gave public notice as well as individual notice to the tenant from time to time since 13/5/1968 till 30/10/1971 including the telegram. For the same reason, another registered notice was given and called upon him not to sub-let the premises.

(3.) In spite of this, defendant No. 1 illegally sub-let the suit premises to defendant No. 2 after receiving Pagadi from him. There was no stock in trade or goodwill as the business was closed. On 13/12/1978 defendant Nos. 1 and 2 sent letter and money order which petitioner refused to accept. On 31/1/1979 the petitioner terminated the tenancy of defendant No. 1 by notice which was duly received by him. Defendant No. 2 replied the said notice by raising false contentions on 29/1/1979. The suit premises were closed and locked for three months. On 19/3/1979, the petitioner filed present suit against both the respondents for possession, arrears and mesne profits.