LODHARAM SEWARAM SINDHI Vs. TEKCHAND MURLIDHAR RELAN

JUDGEMENT

(1.) BEING aggrieved by the judgment and order passed by the learned District Judge, Dhule on 22nd August, 1983 in Civil Appeal No.12/1982, reversing the judgment and decree passed by the learned Joint Civil Judge, Junior Division, Dhule , on 26th August, 1981 in Regular Civil Suit No.531/1978, the petitioner/original defendant challenges the same by way of this petition, for the reasons amongst others, raised in his petition.

(2.) THE facts of the case, in nutshell, are as under : The respondent/original plaintiff Tekchand filed regular Civil Suit bearing No.531/1978 in the Court of Learned Joint Civil Judge, Junior Division, Dhule against the present petitioner, the alleged tenant, for arrears of rent of Rs.1100/ , for eviction of the tenant and possession of the suit property. The suit property is described in para 1 of the Plaint as under :

(3.) AFTER having completed the formalities, the learned Judge of the trial Court recorded the evidence in the matter. The respondent/plaintiff Tekchand did not enter the Witness Box. However, Murlidhar , the father of the respondent, was examined on behalf of the respondent. The petitioner examined only one witness on his behalf i.e. himself and closed the evidence. Necessary documents which were produced on the record were marked as Exhibits by the learned Judge of the trial Court. On the basis of the oral and documentary evidence on the record, the learned Judge of the trial Court reached to the conclusion that the plaintiff totally failed to prove that he was a lawful owner of the suit property. The plaintiff further failed to prove that he had leased out the suit premises to the defendant on a monthly rent of Rs.30/ . The learned Judge further observed that the plaintiff totally failed to prove that the defendant was in arrears of rent from 1st of February, 1974. Naturally, the issue based on the point of termination of tenancy, also has been held against the plaintiff. On the contrary, the learned Judge of the trial Court observed that the defendant proved his title and ownership over the suit property i.e. disputed premises. On the basis of the above said observation, the learned Judge naturally dismissed the suit of the plaintiff. The judgment and decree passed by the learned Judge of the trial Court is dated 26th August, 1981.