YASHODABAI Vs. GODAVARIBAI BALKRISHNA @ CHATUSHETH SINNARKAR

JUDGEMENT

(1.) Heard Mr. S.S. Kulkarni, learned Counsel for the petitioner and Mr. Sathaye, learned Counsel for the respondents No.1B to 1F and 1H, at length.

(2.) By this Petition under Article 227 of the Constitution of India, petitioner has challenged the judgment and decree dated 07.04.1998 passed by the learned III Additional District Judge, Nashik in Civil Appeal No.135 of 1993. By that order, the learned District Judge allowed the appeal preferred by the respondents and set aside the judgment and decree dated 26.02.1993 passed by the V Joint Civil Judge, Junior Division in Regular Civil Suit No.98 of 1988. The learned District Judge dismissed the Suit. The relevant and material facts that are necessary for disposal of the present Petition, briefly stated, are as follows.

(3.) On 25.01.1988, Yashodabai Gopalrao Khodkar (for short 'Yashodabai') had instituted Regular Civil Suit No.98 of 1988 against Chotusheth @ Balkrushna Keshav Sinnarkar (for short 'Chotusheth') for recovery of possession of shop situate on the ground floor of Municipal House No.1474 in C.T.S. No.2116-A, more particularly described in paragraph 1 of the plaint under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'Rent Act'). Chotusheth filed written statement dated 12.09.1989 resisting the Suit. On the basis of the pleadings of the parties, the learned trial Judge framed the necessary issues on 16.11.1990. The learned trial Judge decreed the Suit only under Section 13(1)(g) of the Act. Aggrieved by that decision, Chotusheth preferred Civil Appeal before the District Court. During the pendency of the appeal, Chotusheth died leaving behind the respondents herein. By the impugned order dated 07.04.1998, the learned District Judge allowed the appeal as indicated earlier. It is against this order, Yashodabai instituted this Petition.