RAMBHAU VENKAT RAMANA TALEWAR Vs. S KAMLABAI

JUDGEMENT

(1.) First Appeal No. 797/2008 is directed against the common judgment and order dated 10.1.2008 passed by learned III Joint Civil Judge, Sr.Dn., Nagpur in Special Civil Suit No. 1190/1995 which was decreed; whereas First Appeal No.393 /2010 is directed against the abovesaid judgment and order whereby Regular Civil Suit No. 543/ 1993 was dismissed with costs.

(2.) Facts briefly are : The dispute relates to house bearing No.336 situated in Municipal Ward No.65, at Khalasi Line, Mohan Nagar, Nagpur which is owned originally by S. Vyankatarayalu Naidu and inherited by Smt. S. Kamlabai w/o S.V.Naidu; she being the sole owner of suit house.

(3.) The rent of three rooms in occupation of Shri Rambhau was enhanced to Rs. 100/with effect from 1.8.1986. In March 1993 when plaintiffKamlabai visited Nagpur she noticed to her dismay and surprise that that the defendant without consent, took possession of two rooms which were in the use and occupation of the plaintiffs after removing articles from these two rooms. The plaintiff lodged report to the Police. The defendant contended that the plaintiff had given five rooms to him on rent. The plaintiff was, thus, constrained to institute a suit for possession of two rooms, mesne profits and damages against the defendant.