IBRAHIM MAKBULSAHEB SHAIKH Vs. JANNATBI AHMED KOTHIMBIRE

JUDGEMENT

(1.) The appellants were the plaintiffs in a suit filed by them on August 11, 1964, against the defendant, Jannatbi Ahmed Kothimbire, to recover possession of the suit premises and arrears of rent. The plaintiffs alleged that they owned the suit house and the agreed rent was Rs. 12/- per month. They claimed to have purchased the suit property on October 20, 1962, from the original owner of the property, one Daudkhan Mohamedkhan Pathan. The defendant was alleged to be the tenant of the said Daudkhan. The plaintiffs gave a notice to the defendant on February 24, 1964, to vacate the premises but the defendant denied the title of the plaintiffs by her reply. She filed a Suit No. 855 of 1962 against Daudkhan for the specific performance of the agreement of sale executed by Daudkhan in favour of the defendant and the said suit was dismissed on January 23, 1964. The plaintiffs claimed to have a valid title to the suit property and submitted that they were entitled to recover the rent from the defendant.

(2.) The suit was resisted by the defendants contending that the Civil Suit No. 855 of 1962 was pending, that Daudkhan was never a possession of the suit property and that defendant had become owner by adverse possession.

(3.) In view of these contentions, 14 issues were framed and considering the oral and documentary evidence, the learned Civil Judge, Junior Division, Sholapur, found that the plaintiffs proved the title to the suit property and held that the tenancy month started from 20th of every month; and passed a decree against the defendant directing her to pay Rs. 245-60 and to restore the possession of the premises with mesne profits.