SHRIRAM RADHAKISAN AGRAWAL Vs. CHANDRABAI W/O SHAMLAL

JUDGEMENT

(1.) BY the present Civil Revision Application, the applicant / original defendant has assailed the judgment and decree dated 31.03.2006 passed by the Additional District Judge, Amalner in Regular Civil Appeal No.35/1991 whereby the learned Additional District Judge has allowed the appeal by setting aside the judgment and decree dated 25.02.1991 by which the Civil Judge, Junior Division, Chopda had dismissed the Regular Civil Suit No.61/1979.

(2.) BY consent of the parties, the revision application is heard finally at the stage of admission itself.

(3.) IT further appears that the present applicant/ original defendant, contested the said eviction suit by filing written statement, which was twice amended as the plaint was amended. In the said written statement, the original defendant / applicant had denied the grounds raised by the plaintiff / land lady on which the eviction was claimed. After framing of the issues, the parties lead evidence before the trial court. The trial court was not satisfied with the evidence lead on behalf of the plaintiff / land lady and hence dismissed the suit. The said decree of dismissal was challenged by the land lady / original plaintiff by filing Regular Civil Appeal No.35/1991 before the Additional District Judge, Amalner. During the pendency of the said appeal, original appellant / land lady expired. Before she expired, she had bequeathed the suit house in favour of present respondent /appellant in the Regular Civil Appeal No.35/1991, who continued the said appeal after the demise of the original plaintiff.