LAXMINARAYAN DEO Vs. NARAYAN FULA MARATHE

JUDGEMENT

(1.) ORIGINAL plaintiff in Regular Civil Suit No. 327 of 1980 on the file of the learned Civil Judge, Junior Division, Dhule, has presented the present second appeal.

(2.) THE appellant-plaintiff brought the said Regular Civil Suit No. 327 of 1980 to get the possession of the suit property and arrears of rent from the respondents-defendants. The suit property is an agricultural land situated within the Municipal limits of Dhule. The said land was leased out by the appellant-plaintiff in favour of the respondents-defendants by registered lease deed dated 31st August, 1971 for a period of ten years. The appellant-plaintiff terminated the tenancy of the respondents-defendants by issuing notice on 23rd July, 1979. The claim of the appellant-plaintiff was denied by reply dated 27th July, 1979 and, therefore, the plaintiff filed the suit in the Court of the Civil Judge, Junior Division, Dhule, to get a decree of possession, arrears of rent and future mesne profits.

(3.) THE respondents-tenants, contested the claim of the plaintiff by filing the written statement at Exhibit 11. They contended that as they are the tenants of the land in question, the Civil Court had no jurisdiction to entertain the said suit and the plaintiffs suit was not tenable in law and, therefore, the same should be dismissed with costs.