KONDIRAM MALHARI JADHAV Vs. BANKAT SWAMI TRUST, PANDHARPUR

JUDGEMENT

(1.) This petition involves an interesting question of law, which does not seem to be fully covered by decisions.

(2.) House No. 2737 situate in Ward No. 6 in the City of Ahmednagar is owned by the respondents. The petitioner is a tenant of a shop, paying Rs. 25 per month as rent. As to what is the exact area in his possession, there is no clear evidence. The Petitioner's counsel says that it admeasures one 'Khan'.

(3.) On 24th March 1969, the respondent-landlord filed this suit against the tenant after giving a notice to quit on three grounds. It was contended that the tenant-defendant was a defaulter and had not paid rent. It was also urged that the plaintiff-Trust required the premises for its bona fide occupation and thirdly that the plaintiff-trust desired to demolish these premises and construct thereon a new building.