JAGANNATH S SHRIKE Vs. DEVIDAS MARTAND DESHPANDE

JUDGEMENT

(1.) This petition by a tenant questions the judgment and order dated 21-6-1986 passed by the 2nd Additional District Judge, Nasik, confirming the decree of eviction passed by the trial Court.

(2.) The original petitioner was a tenant of one room admeasuring about 5 x 5 on the eastern side of a double storeyed building. The agreed rate is Rs. 6/- per month and the tenancy commenced on the 14th of each month ending on the 13th of the subsequent month. The respondent resided at Indore and they have major sons. The respondents served a notice dated 1-12-1975 on the petitioner and demanded vacant possession and arrears of rent at the rate of Rs. 6.60 per month being the amount of rent as well as education cess. The petitioner replied to the notice and refused to vacate. Hence, the respondents instituted a suit for possession and recovery of Rs. 46.20 as arrears and future mesne profits along with notice charge of Rs. 25/ -.

(3.) There were other grounds for eviction alleged by the respondents, but they are not relevant since the decree has been refused on those counts. The respondents have made no grievance about that.