SADASHIVGURAPPA ADKE Vs. RAMBALABH GOVERDHAN DAGA

JUDGEMENT

(1.) Feeling aggrieved by the concurrent findings of both the Courts below, original defendant No. 2 alone has preferred this Second Appeal, which arises out of the following facts.

(2.) Original Defendant No. 1Shivlingappais Respondent No. 6 in this Second Appeal and original plaintiff Rambalabh died during the pendency of the suit in the trial Court and his heirs and legal representatives are Respondents Nos. 1 to 5 in this Second Appeal.

(3.) Rambalabh was the owner of suit shop situated within the limits of Murum village in Omerga Tahsil of Osmenabad District. Defendants Nos. 1 and 2 were monthly tenants at the rent of Rs. 62. JO p. Rambalabh alleged that since December 1967, defendants Nos. 1 and 2 did not pay any rent whatsoever in spite of notices to that effect. Rambalabh sent a notice to the defendants, who refused to accept the notice and thereafter Rambalabh filed this suit for recovery of arrears of rent to the tune of Rs. 2,250 and also for possession of the suit shop.