ISHABI MOHAMMAD HANIF SHAIKH Vs. BANDURAO TAMMANNA JADHAV

JUDGEMENT

(1.) The defendant in O.S. No. 40/97 has preferred this Second Appeal, assailing judgment and decree passed in R.A. No. 69/2008 by the Senior Civil Judge, Yellapur, sitting at Haliyal, dated 28.07.2014, confirming the judgment and decree of the Civil Judge (Jr. Dn), Dandeli, dated 21.11.2008 passed in O.S. No. 40/1997.

(2.) For the sake of convenience, parties shall be referred to, in terms of their status before the trial court.

(3.) Respondent -plaintiff filed the suit seeking recovery of possession of the suit house from the defendant. The suit house is situated at D.F.A. Township at Dandeli town, measuring 40 feet x 20 feet bearing Town Municipal Council No. I/948. It is the case of the plaintiff that he purchased the suit house bearing House No. T/605 in the year 1974 and thereafter, the number was changed as I/948. That, since then he was in possession of the suit house. That, in the month of June, 1990, husband of defendant requested the plaintiff to permit him to stay in a portion of the house along with his family. Since both families were friends and considering the pathetic situation of the defendant, plaintiff permitted the defendant to live in the said house till alternative arrangement was made. Accordingly, defendant started residing in the suit house. Defendant's family was in fact to vacate the house within a period of three or four months after the monsoon receded. When the plaintiff requested the defendant's husband to vacate the house, he sought permission to live therein for one more year, which the plaintiff permitted. Once again defendant's husband was requested to vacate the house. But on request again, plaintiff permitted defendant to continue to live for another one year. During this period, defendant's husband died and defendant requested plaintiff to permit her to stay in the house for another year. Plaintiff granted permission subject to payment of license fee of Rs. 1,200/ - per year. Thereafter, once again plaintiff requested defendant to vacate the house by terminating the license by issuing legal notice dated 6.10.1997. But the defendant did not vacate the premises. Hence, suit was filed for eviction of defendant and for recovery of possession.