The subject property belongs to the late Kumud Undhavrao Shivankar, the mother of the appellants. She died on 15.01.1980 and the property devolved upon her husband and children including the appellants. The appellants needed money and hence, they decided to sell the property to respondent Nos. 2 and 3 and executed the sale deed on 28.02.2013. On the same date, a lease deed was executed in favour of the appellants by respondent Nos. 2 and 3 creating a tenancy in favour of the appellants who agreed to pay a monthly rent of ₹9,000/-. The appellants contend that being tenants, they cannot be evicted except by due process of law. When the second respondent threatened to evict the appellants from the premises, they lodged a police complaint at Frezarpura Police Station on 09.11.2020. On 15.11.2020, respondent Nos. 2 and 3 with their henchmen threatened to commit affray and set the house ablaze. Intimidated by this act, the appellants filed Special Civil Case No. 189 of 2020 and obtained an interlocutory order of protection on 16.07.2021 from the Civil Judge, Senior Division, Amravati restraining respondent Nos. 2 and 3 and their agents from disturbing of possession of the appellants over the subject property except by resorting to the provisions of the Maharashtra Rent Control Act, 1999.
