ABDUL HAMID GULAM RASUL Vs. SIRAJUDDIN SHAMSUDDIN AZMI

JUDGEMENT

(1.) BOTH these petitions filed under Article 227 of the Constitution of India can be conveniently disposed of by common judgment. In both the petitions, challenge to the judgment dated July 19, 1988 delivered by the Fourth Additional District Judge, Thane, decreeing the claim made by respondent Shirajuddin Shamsuddin for recovery of possession.

(2.) THE premises in dispute admeasuring 25' x 18' are situated to the southern side of the ground floor of Municipal House No. 2, Madar Chhilla, Bunder Road, Bhiwandi, District Thane. Facts giving rise to the filing of these two petitions are as follows :-

(3.) ON September 14, 1973, the landlords inducted respondent Nos. 3 and 4, that is Suresh Kumar Shah and M/s. Mill Stores Training Co., as tenants on the ground floor premises. On the same day, the suit was instituted by the tenant in the Court of Civil Judge, Junior Division, Bhiwandi, for recovery of possession. The tenant also secured interim injunction pending the suit on September 20, 1973, retraining the landlords from parting with possession. The tenant claimed that the right conferred on the tenant under the provisions of the Rent Act to remain in occupation of the premises till the tenancy was determined was violated by the landlords by declining to put the tenant back in possession after reconstructing the building. The tenant also claimed that in view of the specific agreement dated March 26, 1971, the landlords were duty bound to restore possession to the tenant.