Bombay High Court
Satara Zilla Madhyavarti Sahakari ... vs Prathamik Shikshak Sahakari Bank Ltd. ... on 22 January, 2024
15-CRA-521-2022 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.521 OF 2022
WITH
CIVIL REVISION APPLICATION NO.522 OF 2022
SHARADA
RANGNATH Satara Zilla Madhyavarti Sahakari
WAHULE
Digitally signed by
SHARADA
Grahak Sangh Maryadit, Satara & Anr. ... Applicants
RANGNATH
WAHULE
Date: 2024.01.29
11:02:28 +0530
V/s.
Prathmik Shikshak Sahakari Bank Ltd.,
Satara & Ors. ... Respondents
____________________________________
Mr. Vishwanath S. Talkute, Advocate for the Applicants in both.
Mr. Prasad S. Dani Senior Advocate a/w Mr. Dilip Bodake for the
Respondents.
____________________________________
CORAM : RAJESH S. PATIL, J.
DATED : 22 JANUARY 2024
P.C.
1. These two Civil Revision Applications filed by Original
Defendants / Tenants, challenging concurrent finding recorded in
two different eviction suits.
2. Respondents are the Original Plaintiffs / Landlords, of Shop
No.1, Shop No.2, Shop No.3 and Shop No.4 of building, bearing
CTS No.12 (B) and 13, each Shop admeasuring 275 sq. ft situated
at Raviwar Peth, Satara City. (for short "Suit Premises").
3. Plaintiffs / Landlords filed suit for eviction as regards Shop
Nos.1 and 2 on the ground of bonafide requirement, change of
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user, and tenant securing alternate premises, being RCS No.160 of
2004, before the Civil Judge, Senior Division, Satara (for short Suit
No.1). So also filed one more suit for eviction and recovery of
possession of Shop Nos.3 and 4, being RCS No.161 of 2004, on the
ground of bonafide requirement, change of user, tenants securing
alternate premises. (for short Suit No.2).
4. Issues were framed in both the suits and thereafter, the
Plaintiffs led evidence of its witnesses. The Plaintiffs in all
examined 5 witnesses. PW No.1 was Plaintiff's Deputy CEO, PW
No.2 was Retired Teacher and member of Plaintiff's since 1959,
PW No.3 was Branch Manager of Plaintiff's, Satara branch, PW
No.4 was Assistant Accountant of Plaintiff's Head Office and PW
No.5 was a member of Plaintiff's bank. The defendants in all
examined 4 witnesses. DW No.1 was Defendant's - Society's
Manager, DW No.2 was Survey Inspector at Municipal Council, DW
No.3 was Section Inspector at Municipal Council and DW No.4 was
Special Officer at Defendant Society.
5. Both the suits were decreed. The suit No.1, was decreed on
the ground of bonafide requirement, alternate premises available
with defendants, and on the ground of change of user. The suit
No.2, was also decreed on bonafide requirement, alternate
premises available with tenants and on the ground of change of
user.
6. The Defendants being aggrieved by the impugned Judgment
and Decree passed by the Trial Court in suit no.1 and suit no.2,
preferred two appeals before the District Court. As regards the suit
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no.1 the Defendants preferred appeal being RCA No.24 of 2019
(for short "Appeal No.1"). Being aggrieved by the Judgment and
Decree passed in the suit no.2, Defendants filed appeal being RCA
No.25 of 2019 (for short "Appeal No.2").
7. By a common Judgment and Order dated 13 April 2022, the
District Court dismissed both the Appeals of the Defendants /
Tenants, and confirmed the Judgment and Decree passed by the
Trial Court.
8. Being aggrieved by the concurrent findings recorded by the
Trial Court and Appellate Court in both the matters, the Tenants
have filed the present two Civil Revision Applications.
9. After the matter was argued for some time on 18 January,
2024 and today, the parties have agreed to dispose of Civil
Revision Application No.521 of 2022 and Civil Revision
Application No.522 of 2022 with following directions.
(i) The Applicants / Tenants will vacate the suit premises by 30
April, 2024.
(ii) The Applicants will pay the arrears of rent, and the rent up
till 30 April 2024 due within a period of four weeks from today
directly to the Respondents.
(iii) The Applicants, through a responsible officer of the
Applicants will file an usual undertaking within a period of two
weeks from today. The said undertaking will state that the
Applicants will not create any third party interest in the suit
premises. The Applicants, will also mention that the Applicants are
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the only persons who are in possession of the suit premises, except
Shop No.4, as Applicants have stated that one Mr. Sanjay Doshi is
in possession of Shop No.4.
(iv) So also a similar kind of undertaking will be filed by Sanjay
Doshi within a period of two weeks from today. A copy of the
undertaking of the Applicants and of Sanjay Doshi would also be
furnished to the advocates appearing for the Respondent, within a
period of two weeks from today.
(v) Since the Applicants are given an undertaking that they will
be vacating the suit premises along with Sanjay Doshi, the
Respondents will be waiving of their right to claim mesne profits
as per clause no.3 of the decree of the Trial Court.
(vi) The amount deposited by the Applicants before the Trial
Court and Appellate Court as rent with regard to the suit premises,
is allowed to be withdrawn by the Respondents.
(vii) Mr. Talkute has furnished photocopies of two letters received
by him from his clients - the Applicants, dated 22 January, 2024
and one letter written by the Applicant to Mr. Sanjay Doshi, dated
22 January, 2024 and duly signed by Mr. Sanjay Doshi, and second
letter dated 22 January 2024 addressed by the Applicant to Mr.
Talkute. The scan copy of letter dated 22 January 2024 written by
the Applicant to Mr. Sanjay Doshi and letter dated 22 January
2024 written by Applicant to Mr. Talkute are duly produced
hereinbelow:-
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(viii) If the undertaking is not filed within two weeks, the
impugned decree Judgment passed by the Trial Court and the First
Appellate Court will stand revived and the Respondents would be
free to take necessary recourse in law as advised.
(ix) Matter to be listed 'for compliance' on 6 February, 2024.
(RAJESH S. PATIL, J.)
Sharada
