A D VYAWAHARE Vs. D K DUBEY

JUDGEMENT

(1.) By means of this appeal, the appellant has challenged the validity, legality and correctness of the judgment and order dated 18.8.2006 passed by the learned 2nd Ad-hoc Additional District Judge, Washim in Regular Civil Appeal No.158/1999 whereby the first appellate Court while allowing the appeal, was pleased to direct dismissal of Regular Civil Suit No.226 /1994 which was decreed by learned 9th Joint Civil Judge J. D. on 1.12.1999.

(2.) The facts briefly mentioned are: The plaintiff had filed suit for possession of portion of the suit property admeasuring 60sq.ft. triangular site shown in the map annexed with the plaint, alleging use by the defendants free of charge as licensee. The plaintiff claimed it was revoked by the plaintiff by a notice through an Advocate; but the defendants did not comply it; whereas according to defendants, the suit site was included in the premises let to the defendants and the defendants claimed that the plaintiff could not have filed suit without obtaining prior permission of the Rent Controller in view of the provisions of C.P. & Berar Letting of Houses and Rent Control Order.

(3.) The trial Court found that the suit site was given on licence to defendant no.1 who had constructed one room over the suit site, without permission of the plaintiff and decreed the suit for possession; while also ordering inquiry into mesne profits.