VISHWANATH HIRALAL JOSHI Vs. VIMALABAI MAGANGAL JOSHI

JUDGEMENT

(1.) The appeal is filed against judgment and decree of R.C.A. No. 259/2007 which was pending in the Court of District Judge-2, Jalgaon. The appeal was filed by present respondent/owner against judgment and decree of R.C.S. No. 71/2001 which was pending in the Court of Civil Judge, Junior Division, Jalgaon. The suit was filed by present respondent for relief of possession of some premises and the suit was dismissed by the Trial Court. The First Appellate Court has set aside that judgment and decree and the decision is given in favour of owner. Both the sides are heard.

(2.) It is the case of respondent/owner that the defendant is a son of sister of her mother-in-law. It is contended that the defendant was in dire need of some premises for starting business as he was unemployed. It is contended that considering his need and relationship, the plaintiff allowed him to use plat-form portion (Ota portion) of her house for the business. It is contended that defendant was in financial crises and so, such permission was given and it was gratuitous license. It is her case that when she made demand to vacate the premises, the defendant refused to do so and so, she was required to file suit for possession.

(3.) The defendant/present appellant took many defences in the suit. He tried to defend the suit by contending that the plaintiff has no title and she is not absolute owner of the property. He took the defence that he is in possession as a tenant and not as a licensee. He contended that the premises was given to him for monthly rent of Rs. 50/- and this amount was increased from time to time and on the date of suit, the monthly rent was Rs. 350/-. It is his case that he runs a Sweet Mart in the premises and he has earned reputation and goodwill. He prayed for dismissal of the suit.