RADHAKISAN RAMNATH MALPANI Vs. RAJEH DATTATRAY MAHAJAN

JUDGEMENT

(1.) Regular Civil Suit No.83 of 1997 for eviction and possession of the open land instituted by the respondent No.1/plaintiff-landlord was decreed by the Trial Court by its judgment and order dated 28-11-2011. Regular Civil Appeal No.191 of 2012 preferred by the appellant/defendant No.2- tenant challenging the decree passed by the Trial Court, was dismissed by the learned Ad hoc District Judge, Malkapur. Hence, this second appeal by the original defendant No.2-tenant.

(2.) The factual position, which is not challenged during the course of arguments, needs to be stated as under :

(3.) The respondent No.1/plaintiff Rajesh Mahajan filed Regular Civil Suit No.83 of 1997 on 11-6-1997 against the appellant/defendant No.2 Radhakisan Malpani for eviction and possession of the open land, which is the suit property, on the ground of breach of the terms and conditions of the lease agreement dated 1-1-1943. During the pendency of this suit, the Maharashtra Rent Control Act, 1999 came into force with effect from 31-3-2000, and the lease period of 61 years also expired on 31-12-2003. By way of an application for amendment filed on 20-6-2005, the respondent No.1/plaintiff introduced a new ground of lease coming to an end by efflux of time. The said application for amendment was allowed by the Trial Court on 2-7-2005.