JANABAI GOVINDRAO KORCHE Vs. WOMENS EDUCATION SOCIETY

JUDGEMENT

(1.) These three writ petitions can be decided by a common judgment since facts in all the writ petitions are exactly identical.

(2.) By these writ petitions, petitioners/defendants in these suits challenge the judgment and decrees passed by the District Judge, whereby he confirmed the judgment and decrees passed by the Civil Judge.

(3.) The facts giving rise to these writ petitions are as follows The respondent/plaintiff is a Public Trust. It runs a school known as Abhyankar Kanya Shala. One Govindrao Korche, Deoji Kathane and Panjabrao Bhande - the original defendants were in service as a peon-cum-watchman in the said school. The respondent/plaintiff had constructed five tenements in the premises of the Abhyankar Kanya School and had provided tenements to the defendants as employees of the plaintiffs trust. In the year 1974 the plaintiff-trust passed a Resolution and decided to deduct occupation charges from the employees who were allotted the accommodation. Govindrao Korche, Deoji Kathane and Panjabrao Bhande - the defendants were allotted quarters as an employees of the plaintiff. A sum of Rs. 60/- per month was deducted from their salary towards the rent. Until their retirement such amount was being deducted from their salary. Said Govindrao Korce retired in the year 1979 and Deoji Kathane retired in the year 1994 and Panjabrao Bhande retired in the year 1989. Defendants in the suit were time and again asked to vacate the premises but they did not. Defendants in the suits are heirs of said Govindrao, Deoji and Panjabrao and are illegally occupying the premises. The plaintiff asked the defendants to vacate the premises but they did not. Hence, a suits came to be instituted.