KASHIRAM @ KASHINATH SADASHIV MAHAJAN Vs. NHAVI MASJID TRUST

JUDGEMENT

(1.) This is a second appeal by the original defendants who had successfully defended the suit of the respondent-trust for possession after termination of lease of the suit property pursuant to the provisions of Chapter V of the Transfer of Property Act, 1882, but are aggrieved and dissatisfied by the judgment and order passed by the lower appellate court which has quashed and set aside the judgment and the order of the trial court and has decreed the suit.

(2.) The respondent is a trust duly registered under the Bombay Public Trusts Act ("Trusts Act"). It is the owner of the suit property bearing survey no. 490 admeasuring 3 Acre 24 Guntha of village Nhavi, Taluka Yawal, District Jalgaon. The appellants (original defendants) were the tenants in the suit property. The respondent - trust had obtained a certificate from the Collector Jalgaon under sec. 88B of the Bombay Tenancy and Agricultural Lands Act ("Tenancy Act") on 20/10/1960. As a result, some of the provisions of the Tenancy Act were not applicable to the suit property. The quit notice dtd. 28/6/1977 was served to the appellants terminating the tenancy with effect from 21/1/1978 or in the alternative with effect from 1/4/1978. On failure of the appellants to comply with the demand, the respondents filed the suit for possession and claimed past as well as future mesne profits.

(3.) The appellants filed written statement. They admitted ownership of the respondent-trust as also they being the tenants in the suit property. They also did not dispute issuance of certificate under sec. 88B of the Tenancy Act but contended that it was issued behind their back. They admitted receipt of the quit notice but contended that it was vague and was not valid.