RAMESHWAR NANAKRAM PRAJAPAL Vs. SUNDRABAI KERU GHADAGE

JUDGEMENT

(1.) This writ petition takes exception to the judgment and order dated 11 th December, 1991 passed by the 2 nd Additional District Judge, Jalgaon in Civil Appeal No. 304 of 1984.

(2.) The petitioner herein is the original defendant in Regular Civil Suit No. 64 of 1981 filed by the respondent herein in the Court of the Joint Civil Judge, Junior Division, Jalgaon for possession of the suit premises under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (For short, "Bombay Rent Act").

(3.) The plaintiff i.e. respondent herein filed civil suit with the contention that, she is the owner of the premises bearing Municipal House No. 267A (CTS No. 2504) situated at Jalgaon and the defendant petitioner herein, as tenant, is occupying one room of 10 x 10 of the said building on the monthly rent of Rs.35/ . The respondent herein i.e. original plaintiff stated in the said suit that, she is residing in tenanted premises and there are six persons in the family of the plaintiff. The petitioner herein contested the said suit. The trial Court by the judgment and order dated 26 th April, 1984 dismissed Regular Civil Suit No. 64 of 1981. Being aggrieved, the respondent herein i.e. original plaintiff filed Regular Civil Appeal No. 304 of 1984 before the 2 nd Additional District Judge, Jalgaon and the 2 nd Additional District Judge, Jalgaon by its judgment and order dated 11th December, 1991 allowed the appeal filed by the original plaintiff landlord. Hence this writ petition.