LAWS(SC)-2005-4-39

UMABAI Vs. NILKANTH DHONDIBA CHAVAN

Decided On April 13, 2005
UMABAI Appellant
V/S
NILKANTH DHONDIBA CHAVAN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 3.9.2004 passed by the Bombay High Court in Letters Patent appeal No. 102 of 1990 whereby and whereunder the appeal preferred against a judgment and order dated 30. 1.1990 passed by a learned single Judge of the said Court in First Appeal No. 120 of 1984 affirming the judgment and decree dated 5.9.1983 passed by the Civil Judge, Senior division, Kolhapur in Special Suit No. 1 of 1979; was allowed.

(3.) The basic fact of the matter is not in dispute. The suit premises measure about 346 sq. yds. of land. Structures consisting of ground and first floor were built thereupon. The appellant no. 2 was a tenant in the ground floor of the said building.