DILIPKUMAR BHERUMAL KUCHERIYA Vs. SUBHASHCHANDRA NEMICHAND KUCHERIYA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Regular Civil Appeal No. 182/2001, which was pending in the Court of Principal District Judge, Dhule. The appeal filed by present appellant against judgment and decree of Special Civil Suit No. 69/1995 is dismissed by the First Appellate Court. Decree is given in favour of present respondent Nos. 1 to 5 of possession. Both the sides are heard.

(2.) The suit was filed by respondent Nos. 1 to 5 for relief of possession of house property bearing C.T.S. No. 1252 situated at Dhule. It is contended that one Khivraj was predecessor of plaintiffs. It is contended that defendants were in relation with Khivraj, but they were from different branch of Hindu family.

(3.) It is the case of plaintiffs that Khivraj was owner of the suit property and in the year 1928-29 he had made construction of the suit house. It is contended that as Khivraj had good relations with Bherumal and Samirmal, the predecessors of defendant/present appellant, he had given the premises to them for their use and probably on rent basis. It is contended that R.C.S. No. 129/1976 was filed for relief of eviction and recovery of rent under the Rent Control Act, but the Appellate Court held that there was no relationship of landlord and tenant. It is contended that as there was such decision and as the defendants, successors of aforesaid two persons were refusing to return back the possession, the suit was required to be filed. The suit was filed on the basis of title.