SHANKAR RATIRAM BHURE Vs. SEETADEVI

JUDGEMENT

(1.) Being aggrieved by the decree of his ejectment passed by the learned 4th Joint Civil Judge, Junior Division, Sakoli, and confirmed in appeal by the learned Additional District Judge, Bhandara, the defendant in Regular Civil Suit No. 51 of 1994 before the learned trial Court has preferred this Second Appeal.

(2.) The plaintiff claimed to have let out suit premises to the defendant from 1-3-1993 to 31-1-1994 on rent of Rs. 800/- per month. An agreement was executed to the said effect. At the expiry of the term, the defendant was to vacate the premises. It was also agreed that on failure of the defendant to vacate, the defendant was to pay damages at the rate of Rs. 50/- per day. In spite of notice dated 2-2-1994 sent by the plaintiff, the defendant did not vacate the premises and hence the plaintiff filed the said suit for defendant's ejectment.

(3.) The defendant was duly served and filed a written statement denying that he was plaintiff's tenant. He stated that he was tenant of one Vishnukumar modi, husband of the plaintiff, since 1978. He, therefore, prayed for dismissal of suit.