GOPILAL KANHAIYALAL SAVAL Vs. MANILAL GOPALRAO TRIVEDI

JUDGEMENT

(1.) The original defendant has preferred this second appeal against the judgment of the District Judge, Nagpur, in regular Civil Appeal No. 411/1983 dismissing appeal against the judgment and decree in regular Civil Suit No. 1285/1974 (Initially registered as Civil Suit No. 1657/1971) passed by 12th Joint Civil Judge, Junior Division, nagpur directing the defendant to deliver vacant possession of the suit block to the respondent/original plaintiff (who is now represented by his L. Rs. ) along with arrears of rent and costs and inquiry into future mesne profits.

(2.) The brief facts relevant for the purposes of the present appeal are as under:- the only admitted fact is that the appellant occupied a block in house no. 58 as a tenant on 12-8-1965. According to the respondent the monthly rent is Rs. 30/- whereas according to the appellant the monthly rent is rs. 15/ -. According to the respondent, the suit block is owned by him whereas according to the appellant the suit block belongs to a public trust known as Shri. Siddheshwar Ganesh mandir.

(3.) As the appellant failed to pay rent, the respondent instituted Civil Suit no. 1737/1968 for recovery of arrears of rent before Small Causes Court, Nagpur. By order dated 8-7-1969, the plaint was directed to be returned to the respondent. The respondent challenged the order by preferring a Revision no. 425/1969 before the High Court which was pending.