On or about July 7, 1948, Awate executed a lease deed in favour of Shankar Godaji Gore.
In that suit, mortgagor Awate and defendants 1 to 4 were made party defendants.
The monthly rent was fixed at Rs 50.
It appears that during the pendency of the suit, mortgagee was declared a lunatic.
On December 6, 1952, defendants 2 and 3 assigned all their rights, title and interest in respect of the suit land in favour of Bayajabai Ganpat Gore, Sundarabai Babasaheb Gore and Yashodabai Balasaheb Gore, defendants 6, 7 and 8 respectively.
On the same day of the lease, defendants 2 and 3 sold seven out of fourteen shops to Biwalkar.
That suit was decreed on November 27, 1968.
242 of 1973.
In execution of the final decree in the auction, the mortgagee Dinkar Balkrishna Vaidya himself came to purchase the suit land measuring about 1000 sq.
89 of 1952 for enforcement of mortgage.
265 of 1969 was dismissed for number prosecution.
Shankar Godaji Gore assigned his right, title and interest in the shop premises to defendants 19 and 20.
Under the lease deed, the lessee was authorised to sub lease.
Therefore, another ground of sub letting was also added.
These shops were let out for rent to several persons.
The Nazir filed Regular Civil Suit No.
The sale was companyfirmed on December 19, 1957.
Aggrieved by the said judgment, Civil Appeal Nos.
Thai suit was decreed.
Civil Appeal Nos.
He executed a simple mortgage on April 28, 1947 to an extent of 11,000 square feet which represented the entire property for a sum of Rs 20,000 in favour of Dinkar S. Vaidya.
On February 17, 1949, Shankar Godaji Gore, the lessee executed a registered sub lease in respect of entire land in favour of two persons Sulochanabai Thakur and Krishnabai Sarde, original defendants 2 and 3.
That was numbered as Special Civil Application No.
Likewise, on August 27, 1963 defendant 5 assigned his right, title and interest in the shop in favour of defendant 21.
By the impugned order dated July 15, 1980, that came to be allowed.
There was numberprohibition from the assignment in the said lease.
1142 of 1965 in the Small Cause Court, Poona for recovery of possession and arrears of rent since his demand for rent from Shankar Godaji Gore was number companyplied with.
The period of lease was 25 years.
Therefore, Nazir of the companyrt was appointed as guardian and the property was taken possession of by the Nazir under the provisions of Court of Wards Act.
Hence, the present civil appeal.
The annual rent was Rs 1500 payable monthly at the rate of Rs 125.
They in their turn assigned their interest to different persons.
The Judgment of the Court was delivered by MOHAN, J. The short facts leading to this civil appeal are as under.
Symbolical possession was granted on March 2, 1960.
279 and 354 of 1969 came to be allowed while Civil Appeal No.
279, 354 and 265 of 1969 were preferred against the same.
On November 7, 1949, an area of 4000 sq.
Thereupon, the first respondent moved the High Court under Article 227 of the Constitution of India.
was sublet by defendants 2 and 3 in favour of Sardar Biwalkar on a rent of Rs 135 p.m. for a period of 67 years.
The sub lease was for a period of 99 years and 9 months.
The suit property was originally owned by Trimbak Hari Awate.
In 1952, Dinkar Balkrishna Vaidya, the mortgagee filed a suit being Special Civil Suit No.
The purpose mentioned in the lease deed was residence and shops.
