SOMNATH T.KUBER vs MEGHRAJ KADADI

-WP-5547-1998-MODIFIED.DOC Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5547 OF 1998 Somnath Tukaram Kuber, Adult, Resident of Kurundwadi, Taluka Madha, District Solapur. ..Petitioners Versus 1. Meghraj Medeppa Kadadi, Deceased through legal heirs/representative 1-a Smt. Hemlata Meghraj Kadadi Age: 70 years, Occ.: Household 1-b Sarita T.G., Age: 46 years, Occ.: Household, Both residing at Ganga Niwas, Opposite Kaliapur Maruti Mandir, Railway Lines, Solapur. ARUN RAMCHANDRA SANKPAL 2. Dharmraj Annaraj Kadadi 1. This Petition under Article 227 of the Constitution of India, calls in question the legality, propriety and correctness of a judgment and order dated 21st September 1998 passed by the learned District Judge , Solapur, in Civil Appeal No. 489 of 1994, whereby while dismissing the Appeal preferred by the Petitioner against a decree of eviction passed in RCS No. 204 of 1989 by the learned Civil Judge, Madha, Solapur, on the ground of default in payment of rent, the learned District Judge also passed the decree of eviction on the grounds of unauthorized erection of permanent structure, non-user of Suit premises for the purp