Judgement

GUPTA, J.:- These two appeals brought on certificate of fitness granted by the High Court of Bombay arise out of two suits for possession Civil Appeal No. 132 of 1968 has its origin in the suit instituted by appellant Vishnu Mahadeo Pendse as plaintiff. Parashram Mahadeo Pendse, appellant in Civil Appeal No. 133 of 1968, instituted the other suit. The respondents Rajen Textile Mills (P) Ltd., And Shri L. N. Madhwani Director of the Said Company were the defendants in both the suits.

2. The facts giving rise to these appeals are briefly these. The lands of Survey Nos.181 and 182 A, owned by Vishnu Mahadeo Pendse, and the lands of Survey Nos. 176, 179 A and 179B owned by Parashram Mahadeo Pendse, situate within the Municipal limits of Barsi in District Sholapur, were leased out by the owners to Barsi Spinning and Weaving Mills Ltd. (hereinafter referred to as Barsi Mills); both leases were for a period of 99 years with effect from January 1, 1943. On an application of a creditor of Barsi Mills, the High Court of Bombay made a winding up order on November 10, 1953, On October 5, 1954 all the assets of Barsi Mills including their tenancy rights in the said lands were sold by au