DALPAT GANPAT KOLI Vs. GANESH DATTATRAYA KERHALKAR

JUDGEMENT

(1.) The petitioners are the original defendants and the respondent is the original plaintiff.

(2.) The brief facts of the case are summarised as under :

(3.) On 22nd Jan., 1986 a notice was issued to the defendants demanding vacant possession. The defendants replied the notice and denied the contentions of the plaintiff. The plaintiff filed a suit for arrears of rent for the period from 1.12.1975 to 31.1.1986 and the property tax and educational tax. It was specifically contended by the plaintiff that the wife of Ganpat Koli died in the year, 1982 and since then, the suit premises were locked. It was in a non-use condition. It was not used for a period of more than six months from the date of filing of the suit. The plaintiff had contended that he required possession of the suit premises for his bona fide vise. The plaintiff is put to hardship. It was contended that the defendant No. 1 owns and possesses two houses in the locality of Raver town, bearing C.T.S. No. 1427/B and 1427/A/2. Both the houses are well equipped and hence, the defendants were not in need of tenanted premises.