PRABHAKAR ATMARAM KALE Vs. BHARAT

JUDGEMENT

(1.) This is a reference made by the District and Sessions Judge, Akola under Order XLVI, Rule 7 of the Civil P. C. on an application made to him by the original defendant in the small causes suit for ejectment which was decreed against him.

(2.) The dispute was in respect of one room admeasuring 13' x 12', which according to the plaintiffs (who are brothers), was let out to the defendant on a monthly rent of Rs. 3/-. The plaintiffs obtained necessary permission of the House Rent Controller and by a quite notice dated 21-9-1979 and filed the suit for ejectment, arrears of rent and damages.

(3.) It appears that the suit for ejectment was filed even before the appeal filed by the defendant (Tenant) to the Resident Deputy Collector, Akola against the order of the Rent Controller was decided.