KESURAM LADDHARAM LAKHANI Vs. GOWARDHANDAS SURAJMAL MOR

JUDGEMENT

(1.) THIS is a Second Appeal filed by the original defendants, appellants herein, against the original plaintiff, respondent herein, and thereby challenged the judgment and decree dtd. 30th March, 1991 passed in regular Civil Appeal No. 104 of 1989, whereby the appellant for the first time ordered to pay Rs. 10,980/- towards the use and occupation charges of the suit tenament for the period since 1st August, 1987 to 31st January, 1989, after deducting the earlier amount as decreed by the Court below in Regular Civil Suit no. 35/89 between the parties.

(2.) THE Second Appeal in question was admitted on 18-9-1991 on the following question of law.

(3.) THE undisputed position on the record shows that the respondent is the owner of the house situated at Main road at Yavatmal. Pursuance to terms and conditions between the parties dtd. 1st July, 1982 and lastly, by 31st July, 1987, the tenament was leased out, as alleged, only for a period of five years, at the agreed rate of Rs. 370/- per month. It was agreed therein that the appellant should pay, if he failed to handover the possession of the block after 1-8-1987, occupation charges at the rate of Rs. 20/- per day in the form of damages. The right to initiate eviction proceedings was reserved.