Rameshchandra Daulal Soni vs Devichand Hiralal Gandhi (Dead) Thr. ...

2. The brief facts noticed for the purpose of disposal of these appeals is as hereunder. The property bearing S.No. 9/1/A measuring 22 guntas situate at Chahurana Bk., Taluka Nagar, Ahmednagar District presently bearing Plot No.19 within Ahmednagar Municipal Limits, measuring 2656 sq mtrs (hereinafter referred to as the ‘suit property’) which earlier belonged to Deshmukh Brothers was purchased by the plaintiff under a Sale Deed dated 08.08.1986. The plaintiff thereafter secured the Revenue entries to be recorded in his name. As on the date of purchase the predecessor of defendants No.1 and 2 was the tenant in respect of the suit Page 2 of 26 property paying the rent of Rs.31/­ per annum. The defendants No.1 and 2 thereafter continued as the tenants. The plaintiff informed the defendants No. 1 and 2 through the communication dated 06.12.1986 about the purchase and had sought for payment of the rents. The defendants No. 1 and 2 failed to pay the same and since according to the plaintiff the defendants were also not using the premises for the purpose for which it was let out, the plaintiff termed the defendants No. 1 and 2 as defaulters and instituted the Regular Civil Suit No.253/1989 seeking eviction of the defendants No. 1 and 2 as also the defendants No.3 to 7 whom the plaintiff described as the sub­tenants in the premises.

3. The defendants in the suit were issued with the suit summons. The defendants No. 1 and 2 appeared and filed their respective written statement. The defendants No. 3 and 5 did not choose to file the written statement while the defendants No. 4, 6 and 7 did not appear before the Trial Court and were therefore, proceeded ex­parte. The defendants No. 1 and 2 opposed the claim made in the plaint Page 3 of 26 on merits, apart from contending that the suit was barred by limitation. The fact that their predecessor had taken the premises under lease deed dated 22.05.1928 for a period of 31 years on the annual rent of Rs.31/­ was admitted and that the lease deed expired by efflux of time on 22.05.1959 was also stated. The said defendants however contended that they were not informed about the purchase by the plaintiff. The Trial Court based on the rival pleadings had framed as many as eleven issues. The parties in order to discharge their burden cast under the issues had tendered evidence. The Trial Court by its judgment dated 13.10.1998 decreed the suit and directed the defendants No.1 to 7 to handover actual physical possession of the suit property and also to pay the amount of Rs.162/­. Further, enquiry regarding mesne profits was also ordered. The defendants No.1 and 2 claiming to be aggrieved by the said judgment preferred an appeal before the Principal District Judge, Ahmednagar in Regular Civil Appeal No.315/1998. The Appellate Court having adverted to the rival contentions has dismissed the appeal through the judgment dated 18.02.2012. The cross objections filed by the plaintiff and the defendants No.2 to 6 was also Page 4 of 26 dismissed. The defendants No.1 and 2 claiming to be aggrieved by the said judgment were before the High Court of Judicature at Bombay, Bench at Aurangabad in CRA No.112/2012. The High Court having taken note of the rival contentions has by a detailed order dismissed the revision application. The analogous Civil Revision Applications filed by the remaining defendants in CRA No.113/2012 and 114/2012 were also disposed of by the same common judgment dated 20.07.2015. It is in that background, the defendants No.1 and 2 claiming to be aggrieved by the concurrent judgments are before this Court in this appeal. The connected appeal in C.A. No. 8450/2019 is against the order dated 15.10.2018 arising out of execution proceedings in regular darkhast No. 15 of 2016.

6. In the background of the issues framed, the plaintiff No.1 examined himself as PW­1 and the Trial Court has taken note of his deposition as at Exhibit 78. The manner in which the plaintiff had acquired right to the property has been stated and the Sale Deed was also marked in evidence as Exhibit 77/4. The fact of purchase was informed to the defendants No.1 and 2 through the notice dated 16.12.1986 which was marked as Exhibit 80. The said notice was essentially in the nature to attorn the tenancy whereupon the defendants No.1 and 2 were required to recognise the plaintiff as the landlord and pay the rent accordingly. The fact that the defendants No.1 and 2 were continuing as the tenants in respect of the suit schedule property under the lease deed dated 16.07.1928 was also brought in evidence by marking Page 7 of 26 the same as Exhibit 100 whereunder the predecessor of the vendors of the plaintiff had leased the property to the predecessor of the defendants No.1 and 2. The fact that the lease was for 31 years was established and the Trial Court in that regard had also taken into consideration that the lease had come to an end by efflux of time as contemplated under Section 111 of the Transfer of Property Act. In that circumstance, the defendants No.1 and 2 were considered to be the statutory tenants under the Bombay Rents, Hotel & Lodging Houses Rates Control Act, 1947 (‘Rent Act’ for short). Thus, having determined the relationship of landlord and tenant between the plaintiff and the defendant No.1 and 2 the Trial Court proceeded to consider the other aspects of the matter. In that regard the provision as contained in Section 5(11) of the Rent Act was taken note.

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20. Both the appeals accordingly stand dismissed with no order as to costs. Pending applications if any are also disposed of.