RAJARAM SHIVRAM KALASKAR Vs. SABU SAKHARAM ZAKARE

JUDGEMENT

(1.) This is an appeal by the original plaintiff whose suit for recovery of possession of the suit property with mesne profits has been dismissed by the lower Appellate Court by reversing the decree passed by the trial Court in favour of the plaintiff.

(2.) The suit property is a house situate within the Municipal limits of Satara City and it bears No. 42 Plaintiffs case was that the property belonged to him and that he had leased it out to the defendant as a tenant. It appears that plaintiff had filed Regular Civil Suit No. 71 of 1961 against the defendant under the provisions of the Rent Restriction Act for eviction of the defendant. That suit, however, was dismissed on the ground that the alleged tenancy was not proved. In appeal also, that decree was upheld. Thereafter the present suit in which this appeal arose was instituted by the plaintiff on November 11, 1964, on the allegation that the title to the property vested in him and that the defendant was in permissive possession of the suit property as his licensee. In other words, the suit in substance was one based on title of the plaintiff.

(3.) The defendant denied plaintiffs title and that he was in possession as a licensee of the plaintiff. On the other hand, he set up title by adverse possession.