Archana Wd/O Ashok Janai And ... vs Laxmidevi Wd/O Badrinarayan ...
2023 Latest Caselaw 1919 Bom

                                                          1                          11.WP.1187-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 1187 OF 2023
                    ( Smt. Archana Wd/o Ashok Janai & Ors.
                                     Vs.
               Smt. Laxmidevi Wd/o Badrinarayan Laddhad & Ors. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. R.D. Damle, Advocate for the Petitioners.



                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 27th FEBRUARY, 2023

Heard Mr. Damle, learned counsel for the petitioners.

2. The Small Causes Court as well as the Appellate Court have rendered concurrent findings regarding the existence of relationship of landlord and tenant and passed a decree of eviction on the ground of arrears of rent and bonafide need.

3. It is the contention of Mr. Damle, learned counsel for the petitioners, that though the husband of the petitioner No. 1 was the tenant of Badrinarayan against whom Special Civil Suit No. 178/1978 filed by Badrinarayan and others for possession and arrears of license fee came to be dismissed by the judgment dated 18.07.1987 holding that the Ashok Janai the husband of the petitioner No. 1 and the father of the other 2 11.WP.1187-2023.odt

petitioners was the tenant, since no action was taken thereafter by the original landlord, the relationship of landlord and tenant ceased to exist, and therefore, the Courts' below have no jurisdiction to entertain and try the suit. This is the only ground urged by the learned counsel for the petitioners opposing the impugned judgment and decree.

4. I am afraid I am not able to agree with this contention for the reason that in Special Civil Suit No. 178/1978 decided on 18.07.1987, the husband of the petitioner No. 1 namely Ashok Janai who was the defendant No. 3 having passed away during the pendency of the suit, the present petitioners were brought on record as his legal heirs and the finding rendered therein in para 15 categorically records the relationship of landlord and tenant between them. May be, after the judgment dated 18.07.1987 in Special Civil Suit No. 178/1978 till the issuance of notice on 11.12.2012, the respondents, had not initiated any action for claiming arrears of rent, however that by itself cannot have the effect of changing relationship of landlord and tenant between the petitioners and respondents. In fact, the petitioners herein who are the parties in Special Civil Suit No. 178/1978, are clearly bound by the finding rendered therein regarding the existence of the relationship of landlord and tenant, and therefore, cannot now claim a position otherwise. That being the position, I am not inclined to interfere in the impugned judgment and decree on this ground.

3 11.WP.1187-2023.odt

5. The Petition is therefore dismissed. No costs.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:28.02.2023 19:11