MADHUKAR CHANDRABHAN MOHITE Vs. BALKRISHNA GOVIND SULAKHE

JUDGEMENT

(1.) BY consent of all the learned Counsel, the four Letters Patent Appeals are taken up for hearing together in view of the common question of law arising therein pursuant to the orders passed by the Apex Court. We will briefly indicate the broad facts of these four appeals.

(2.) LETTERS Patent Appeal No. 126 of 1997 is filed by the tenant against the Judgment and Order dated 10th March, 1997 in Writ Petition No. 6011 of 1996. The appellant is admittedly a tenant of the suit premises protected by the provisions of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (for short, the 'Bombay Rent, Act'). The respondent -landlord filed the suit before the IInd Joint Civil Judge, J.D., Barshi, District Solapur for possession on the ground of default in payment of rent and permanent construction on 7.1.1987. The suit was decreed on the 11th October, 1995 only on the ground of default in payment of rent. The ground of permanent construction was rejected. The tenant filed Civil Appeal No. 361 of 1995 in the Court of the IInd Additional District Judge, Solapur, who, by his Judgment and Decree dated 26th July, 1996, dismissed the appeal. Being aggrieved by the said concurrent finding decreeing the suit of the landlords for eviction under the Bombay Rent Act, the tenant had filed Writ Petition No. 6011 of 1996. The title of the Writ Petition mentions 'In the matter of Articles 226 and 227 of the Constitution of India'. The learned Single Judge treated the petition as one under Article 227 and by his Judgment and Order dated 10th March, 1997 dismissed the petition. In the course of the Judgment, the learned Judge observed at more than one place that the petition was filed under Article 227. It is this Judgment dated 10th March, 1997 which is challenged before us in L.P.A. No. 126 of 1997. This L.P.A. was initially heard at the admission stage on 19th August, 1997 when the following order was passed: -

(3.) THE second matter viz., L.P.A. No. 31 of 1998 is also by the tenant against the Judgment and Order dated 14th January, 1998 passed by the learned Single Judge in Writ Petition No. 1232 of 1989. The appellant claims to be a tenant protected by the provisions of the Bombay Rent Act. Civil Suit No. 2655 of 1982 was filed by the respondents -landlords before the Principal Judge, Small Causes Court, Pune, for eviction on the ground of arrears of rent. On 15th June, 1985 the suit was decreed. The appellant -tenant filed Civil Appeal No. 862 of 1985, which was dismissed by the Additional District Judge, Pune, on 2nd February, 1989, Against the said Judgment and Decree, the appellant -tenant filed Writ Petition No. 1232 of 1989 in this Court. In the title of the petition, it is specifically mentioned as under: -