BHAICHANDRA LAXMAN KARALE Vs. K V ACHARYA

JUDGEMENT

(1.) The above second appeal arises out of the suit filed by the plaintiff on April 8, 1964, in the Court of the Civil Judge at Poona to recover possession of the suit room bearing No. 105 situated on the fourth storey of House No. 677, Budhwar Peth, Karale Wadi.

(2.) The suit was filed against defendants Nos. 1 to 3 as trespassers in wrongful possession of the premises which belonged exclusively to the plaintiff as it was allotted to him under the Registered Partition Deed dated October 21, 1963 executed by the plaintiff and his brothers.

(3.) The three defendants resisted the suit contending that they were lawful sub-tenants protected by the Bombay Rent Act as they were inducted in the premises prior to 1959 by the original tenant, one Yashwant Rajaram Karale, from whom the plaintiff claimed to have taken possession of the premises on April, 1964.