BHAGWANJI CHAUHAN Vs. KESHAVJI MANJIBHAI CHAUHAN

JUDGEMENT

(1.) By the order dated 12-9-1991, the Review Application filed by the appellant was allowed and the order dismissing the second appeal summarily was set aside and the appeal was admitted on the question whether on the basis of the concurrent findings of the two Courts below, that the appellants were the licensees, a decree for possession could be passed in view of the amended provision's of the C.P. and Berar Letting of Houses and Rent Control Order, 1949.

(2.) Relevant facts are as under :

(3.) The trial Court framed the issues on the aforesaid pleadings and the parties relied on the oral as well as documentary evidence. The trial Court on consideration of the evidence recorded the finding that the plaintiffs have proved that they have purchased the suit house from Mohan Dana by virtue of the registered sale deed dated 24-10-1963 and negatived the contention of the defendants that the sale-deed was sham, bogus and without consideration. The trial Court also recorded the finding that late Mohan Dana was allowed to occupy the said suit house as a licensee. Consistent with these findings, the trial Court passed the decree directing the defendants to deliver possession. The defendants being aggrieved carried appeal to the District Court. The learned Additional District Judge on hearing the parties dismissed the appeal and confirmed the judgment and decree passed by the trial Court. This judgment of the appellate Court is under challenge in this Appeal.