BHAURAO GANPATRAO ZADE Vs. WASUDEO SHRAWAN RUDRAKAR

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) THIS appeal has been filed invoking the jurisdiction of this Court under section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 6-1-2003 passed by the Additional District judge, Wardha, in Regular Civil Appeal No. 178 of 1999 who dismissed the appeal and upheld the judgment and decree dated 23-7-1999 passed by the Joint Civil Judge, Sr. Dn. , Wardha, in Reg. Civil Suit No. 331 of 1978, by which the appellant/defendant was directed to hand over the possession of field Survey No. 48/2 (old), No. 40 (new) admeasuring 1. 34 h. R. , situated at mouza Salod (Hirapur) and to pay Rs. 10,500/- along with the costs of the suit to the plaintiff.

(3.) THE defendant resisted the claim by filing written statement. He contended that the suit was not maintainable and that his possession over the suit field was protected by virtue of the provisions of Transfer of Property Act. He was ready and willing to perform his part of contract and, as such, he is in lawful possession. He further contended that he is deemed tenant under the provisions of The Bombay Tenancy and Agricultural Lands Act, 1948 (Vidarbha Region) (for short the Tenancy Act) and also contended that the suit is false and frivolous.