AMOLAKCHAND SWARUPCHAND MAGDIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Advocates for both the parties. Rule. By consent, Rule is made returnable forthwith.

(2.) BY this petition under Article 226 of the Constitution of India, the petitioner has approached for restoration of his right under Article 19-G of the Constitution of india in respect of the premises in dispute. He has further claimed compensation for unlawful locking of the shop premises w. e. f. 17. 3. 1998. It is the petitioner's case that the shop premises bearing H. No. 152 situated in Tofkhana Bazar, Cantonment, aurangabad were taken on lease in 1966 by his father and that he was was running in the said premises a cloth shop in the name and style as "santosh cloth Stores", Later in 1985, the petitioner's father and respondent No. 7 entered into a partnership deed and it was agreed between them to run the said cloth shop in the name and style as "m/s. Gurukripa Cloth Centre". In 1986, death occurred to the petitioner's father and thereafter on 29. 8. 1986, there was an agreement of partnership between the petitioner, respondent No. 7 Shakuntalabai and her son atul- respondent No. 8 to run the said cloth shop in the same premises. It was further agreed amongst them that each of the plaintiffs and respondent No. 8 will have a share of 25% while respondent No. 7 will have a share of 50% in the profits and losses of the firm. The shop premises belong to Shankarlal Munnalal Darak who died in March 1998. The respondent No. 6 is the son of deceased Shankarlal.

(3.) ADMITTEDLY, there is a dispute pending between the tenants on one hand and the landlord on the other hand. Both have filed civil suits against each other and the same are pending in the Civil Court. The landlord has filed Rent Case No. 69 of 1997 against the petitioner for getting possession of the shop premises. He has also filed Regular Civil Suit No. 631 of 1997 against respondent No. 7 for perpetual injunction restraining her from subletting the suit premises. The petitioner himself has filed Regular Civil Suit No. 134 of 1998 against the landlord for perpetual injunction restraining him from obstructing in his possession. If appears that one Balkisan has filed Special Civil Suit No. 302 of 1993 against Shankarlal and others for partition of the joint family properties including the shop premises in question.