PRABHAKAR Vs. BHAURAO

JUDGEMENT

(1.) This appeal is at the instance of original defendants against the judgment and order dated 8th September, 1998 passed by learned Additional District Judge, Wardha in Regular Civil Appeal No. 120/1996 whereby the appeal was dismissed. The said appeal stems from judgment and order passed on 9th September, 1996 passed by learned Civil Judge, Junior Division, Hinghanghat in Regular Civil Suit No. 65/ 1991 which was decreed for possession and injunction.

(2.) Facts in brief are these:

(3.) The trial Court upon evidence led, found that the plaintiff was forcibly dispossessed of five rooms of the suit house and that the plaintiff is entitled to possession of those five rooms on east, north, south side of the suit house. The trial Court appears to have recorded findings that the plaintiff is tenant at the annual rent of Rs. 480/as per municipal record Exh. 57 and Exh. 58 extracts from assessment register showing that Narayan Wanikar is owner of suit house and possession as tenant is with the plaintiff. The trial Court, further, found that the first defendant had by letter (Exh.59) dated 11.11.1989 threatened the plaintiff as the first defendant intended to get back vacant possession of the suit house. The letter (Exh.59) mentioned a veiled threat in vernacular which reads thus :