BANSRAJ RAMESH CHOBE Vs. TARABEN

JUDGEMENT

(1.) This is defendants Second Appeal.

(2.) The short controversy was that the plaintiffs-respondents filed a suit against the defendants-appellants for possession of room No. 4 with the allegation that the said room was trespassed by the appellants on 11.3.1977. It was the case of the respondents that this room was initially in tenancy of Motibhai and after he vacated the same it was locked. Finding an opportunity the appellants opened the lock and committed trespass and since then they occupied the room as trespasser. Mesne profits was also claimed in addition to decree for possession.

(3.) The suit was resisted by the appellants on the ground that they are tenants of room No. 4 on monthly rent of Rs. 25/- and that since the respondents attempted to enhance the rent there was also dispute regarding standard rent that complaint was sent to the police authorities and false suit was filed.