LAWS(BOM)-2002-4-59

VASANT LAXMAN MOTE Vs. RAJENDRAKUMAR PANDE DEAD

Decided On April 11, 2002
VASANT LAXMAN MOTE Appellant
V/S
RAJENDRAKUMAR PANDE (DEAD) BY LEGAL HEIRS Respondents

JUDGEMENT

(1.) HEARD Shri Chandurkar, learned Counsel for the applicants. None appears for the non-applicants though served.

(2.) THE civil revision application is directed against the order dated 19-11-1994 passed by the 3rd Joint Civil Judge, Junior Division, Amravati in Regular Darkhast No. 73/1987 whereby applications of the non-applicant Nos. 3 and 4/objectors (Exhs. 15 and 16) were allowed.

(3.) SHRI Chandurkar, learned Counsel for the applicants, states that applicant No. 1 was the owner of Suit Plot No. 1/1-B, Sheet No. 48 situated at Amravati and it was let out to non-applicant No. 1 Rajendrakumar Pande and non-applicant No. 2 Jagdish alias Jugalkishor Jethmal Mundhada. The said tenants erected their own shed on the suit plot. The applicant No. 1 issued a quit notice to non-applicant Nos. 1 and 2 on 26-12-1985 and terminated their tenancy with effect from the end of tenancy month of January 1986. When the quit notice was issued by the applicant No. 1, the provisions of C. P. and Berar Letting of Houses and Rent Control Order were not applicable to the site in question. After termination of tenancy, applicant No. 1 filed Regular Civil Suit No. 122/1986 for ejectment, possession and other reliefs. The suit was decreed on 19-11-1986.