SHEVANTA MAHADEV GHORPADE Vs. SHIVAJI ANTU JADHAV

JUDGEMENT

(1.) The present second appeal by the defendant Nos.1(a) to 1(d) assailing the judgment and decree dtd. 23/3/2010 in R.A. No.16/2007 on the file of the Fast Track Court-I, Chikodi confirming the judgment and decree dtd. 15/2/2007 in O.S. No.7/2004 on the file of the Civil Judge (Jr. Dn.), Nipani.

(2.) The parties herein are referred to as per their ranking before the Trial Court for the sake of convenience.

(3.) The brief facts of the case are that, the plaintiffrespondent filed a suit seeking for relief of possession in respect of premises bearing House No.351/43A/36/68 measuring 12 feet east to west and north to south 30 feet situated at Mangalwar Peth, Nipani Taluk, Chikodi. It is averred that the suit property is allotted to the father of the plaintiff by the CMC, Nipani 20 years back on a lease-cumsale agreement and the father of the plaintiff has constructed house by using country tiles measuring eastwest 24 feet and south-north 30 feet and permitted the original defendant on his request to occupy the premises on leave and licence basis. Further, it is averred that the defendant failed to vacate the premises in spite of several requests and legal notice issued to the defendant. The plaintiff having no other alternative has filed the suit for possession.