BASHEER KADAR MASTRY Vs. MOHD. HANIF SAMAD SHEIKH

JUDGEMENT

(1.) THIS appeal by grant of special leave is directed against the Judgment of the Bombay High Court dated 20th August, 1980. Property C.T.S. No. 610/A, situated in Khanbhag, Sangli, District Sangli (Maharashtra) originally Belonged to one Lalbi. Mohd. Hanif Samad Sheikh and Ahmed Sahib Samadh Sheikh respondents now represented 'through their legal representatives purchased the said property from Lalbi by a registered sale deed dated 13.3.1972. The appellant Basheer Kadar Mastry was the tenant of the original landlord in the suit premises on a rent of Rs. 15/ - per month. The respondents after having purchased the property filed civil suit No. 258 of 1972 in the Court of Joint Civil Judge sangli against the appellant for possession on the grounds of default in the payment of rent and bonafide necessity of the suit premises for the personal use and occupation of the respondents. The plaintiffs in the suit had alleged that the rent had fallen due from 1.1.1966 and this has given rise to a cause of action for claiming eviction on the ground of default in payment of rent. The trial Court by Judgment dated 28.7.1973 dismissed the suit so far as the claim for arrears of rent was concerned, but decreed the suit for possession holding that the respondents required the suit premises reasonably and bonafidely for their personal use and occupation.

(2.) THE tenant/appellant filed an appeal and the Learned Assistant Judge Sangli allowed the appeal by order dated 30th March, 1974 and remanded the case to the trial Court with a direction to grant an opportunity to the parties to lead additional evidence on the point of sale deed and arrears of rent. As regards the question of reasonable and bonafide necessity the finding was set aside and the appellate Court gave a direction that the said finding shall remain undisturbed. After remand the trial Court gave a direction to the defendant to deliver actual possession of the suit property to the plaintiffs unless the defendants deposit in Court the amount of Rs. 198.37 paisa together with full costs of the suit and the cost in Civil Appeal No. 137 of 1973 on or before 30th April, 1974 failing which the plaintiffs shall obtain actual possession of the suit premises by executing the decree in the suit.

(3.) IN the facts and circumstances of the case, the plaintiffs shall get proportionate costs on Rs. 367/ - which is the money claim decreed so far as the entire costs inclusive of the costs of previous appeal are concerned.