SHIVRAM VAMAN SHAHASAN Vs. DATTA SAVLARAM JADHAV

JUDGEMENT

(1.) THIS is plaintiff's appeal taking exception to an order for remand passed in Civil Appeal No. 167 of 1981 on the file of the district Court of Raigad at Alibag.

(2.) THE suit was filed by Shivram Shahasane whose legal representatives the appellants are against the respondent for possession of structure bearing Municipal House No. 147 at Khopoli, district Raigad. It was shivram's case that respondent was his employee and so was his wife. They had no place to reside. Upon a request made by the respondent, he permitted them to occupy the suit house which was a cattle-shed annexed to his residential house. Sometime after the respondent and his wife had occupied the house, Shivram found it necessary to terminate their employment and then asked them to vacate. They declined and therefore the suit for possession. The stand taken by the respondent was a denial of his ever having been in the employment of Shivram or having been conferred a licence to use the suit house. His case was that the site on which the suit house stood had been leased to him and that upon that site he had put up a structure with his own money. The rent agreed to be paid by him was Rs. 8 per month. The lease originated 30 years prior to the institution of the suit and having regard to the increase in land value as also rentals, plaintiff had come forth with a false claim of having inducted respondent as a licensee.

(3.) PLEADINGS aforestated gave rise to various issues which were expressed thus by the trial Court-