RAMCHANDRA JAMNADAS KATARIYA Vs. NURUDDINBHAI MAZHAR ALI

JUDGEMENT

(1.) BEING aggrieved by the judgment and order passed by the learned Small Causes Court, Nagpur, dated 2nd December, 1996, thereby decreeing Regular Civil Suit No. 907 of 1988 filed by the present respondents and the judgment and order passed by the learned 5th Additional district Judge, Nagpur, dated 21st July, 1997 thereby dismissing the appeal of the present applicant, the applicant approaches this Court by way of the present revision.

(2.) MAZHARALI s/o Sk. Mohsin Bhai, the predecessor in title of the present respondents, filed Civil Suit No. 907 of 1988 against the present applicant, claiming that he was the landlord of the suit premises and that the defendant was his tenant, after obtaining permission from the Rent Control authorities, which came to be confirmed upto the Apex Court. Prior to that a notice dated 27th May, 1988 was issued to the defendant-tenant thereby terminating the tenancy with effect from 30th June, 1988 and asking the defendant to deliver the possession of the suit premises. Since the defendant did not comply with the said notice, the plaintiff-landlord filed a suit in the Court of the Small causes at Nagpur for possession and mesne profit for the period from 1-7-1988 to 5-7-1988. The suit was dismissed in default on 6-2-1991. An application for restoration being M. J. C. No. 57 of 1991 was filed on behalf of the plaintiff. The suit came to be restored vide order dated 7th October, 1995. In the interregnum, the original plaintiff Mazharali expired and the proceedings were prosecuted by his legal heirs, the present respondents.

(3.) THE suit was defended by the defendant. The defendant denied that the plaintiff was the owner of the suit premises. The defendant further averred that the notice for termination was not valid. It was further the case of the defendant that since the plaintiff had accepted the rent on 18-9-1993 , it amounted to waiver of the notice and creation of fresh lease.