LODHARANL 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:

(3.) Having noticed, the petitioner/ alleged tenant submitted his written statement wherein the petitioner denied the claim of the respondent-landlord. The petitioner in specific and categoric terms denied the ownership of the present respondent-landlord and also the relationship of the petitioner with the respondent that of a tenant and landlord. The petitioner further specifically alleged in the written statement that even the correct description of the property is not given by the plaintiff in his plaint and even the property could not be identified. The petitioner in so many words stated that he at no point of time happened to be tenant of the respondent and hence the question of making payment of any rent to the respondent, much less of his being in arrears, did not arise. The petitioner, therefore. sought for the dismissal of the suit.