BHAURAO NAMDEORAO SUBEDAR Vs. ABAJI GOVINDRAO GHAROTE

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the records.

(2.) This appeal is filed by the appellants (legal heirs of original defendanttenant) challenging the judgment and order passed by the 4th Additional District Judge, nagpur in Regular Civil Appeal No. 121/1989, dated 6-1-1993 where under the appeal has been dismissed and the judgment and order passed by the learned Civil Judge (Junior division) , Umrer in Regular Civil Suit No. 209/ 1982 decreeing the plaintiff's suit for possession has been confirmed.

(3.) This Court admitted this Second appeal on 16-3-1993. However, no substantial question of law has been framed. Now considering the contentions of the learned counsel for the parties and also averments made in the appeal memo, I have framed following substantial questions of law :-1) Whether the permission under the Rent control Order is pre-requisite before filing the suit for possession 2) Whether the appellate court was right in dismissing the appeal on merits when the appellant was absent 3) Whether the trial court was right in striking out the defence of the appellant, in view of default on the part of the appellant/plaintiff in depositing the amount of costs as ordered by the Court