LAWS(BOM)-2009-8-119

RUKHMINIBAI SADHURAM KATIYARI Vs. VIJAY VITHALRAO BIJWE

Decided On August 21, 2009
RUKHMINIBAI SADHURAM KATIYARI Appellant
V/S
VIJAY VITHALRAO BIJWE Respondents

JUDGEMENT

(1.) These two appeals can be disposed of by a common judgment since the substantial questions of law are identical and the dispute is also identical.

(2.) The original plaintiffs have preferred these two appeals they having lost before both the courts.

(3.) The facts giving rise to these appeals are as follows: A single set of facts is being narrated since the facts are almost identical. Both plaintiffs are the owner of wooden stall 9 X 7 Ft. in an area known as Sindhi Market at Arvi. The said wooden stall is located on the Municipal Land. The said wooden stall was let out by plaintiffs to the defendants. It is their contention that the defendants had agreed to pay rent of Rs. 400/ P. M. The defendants had agreed to vacate the said stall as and when required. The defendants have not being paying the rent. The plaintiff therefore issued a notice to the defendants calling upon the defendants to vacate the said stalls and hand over the possession. Defendants did not vacate, hence the suits came to be instituted.