VISHWANATH RAMCHANDRA SATHE Vs. MADHUKAR HARI TANKSALA

JUDGEMENT

(1.) This is a writ petition by the original plaintiff challenging the validity of the judgment and order of the Extra Assistant Judge, Thane, dated 15th July, 1980 in Civil Appeal No. 3 of 1979 dismissing the plaintiffs appeal and allowing the cross-objections of the defendant against the judgment and order of the Civil Judge, J.D., Kalyan dated 20-11-1978, dismissing the plaintiffs suit only on the ground of want of notice while holding other findings in favour of the plaintiff. It also challenges the validity of the judgment and order dated 5th March, 1981 of the II Extra Assistant Judge, Thane, dismissing the appeal by the plaintiff after it was revived only on the ground that along with the appeal cross objections of the defendant which were allowed ex parte were also not revived.

(2.) Few facts relevant for the disposal of this petition are as under :

(3.) Admittedly, the respondent-tenant was not transferred to Bombay by about May 1973 as mentioned in the said letter. The petitioner, there-after demanded possession of the premises from the respondent and on the respondents refusing to do so, he filed a suit in the Court of Civil Judge, J.D., Kalyan being Civil Suit No. 308 of 1973 for eviction and possession on the ground of the respondent having acquired suitable accommodation elsewhere.