NARENDRA VYANKATESH TAMBAT Vs. PRAVINKUMAR KHUSHALCHAND TATED

JUDGEMENT

(1.) This Second appeal is preferred against the Judgment and Order dt.22082002 passed by the Additional District Judge, Khamgaon whereby the first Appellate Court had allowed the appeal, decreeing the suit for eviction and possession, damages and mesne profits.

(2.) The subject matter of the dispute is suit tenement on the ground floor of Plot no.99/2 situated in Nazul Sheet no. 33B at Khamgaon, District Buldana, which was let out to the defendant at a monthly rent of Rs.100/. The plaintiff had filed an application to the Rent Controller, Khamgaon for permission to issue quit notice to the tenant on the ground of bona fide requirement. The proceeding was opposed on the ground that the landlord was 'Benamidar' (not real owner)'. Plaintiff had filed Regular Civil Suit No. 122 of 1993 for eviction of the defendant in the Court of Civil Judge (Jr.Dn.), Khamgaon, District Buldana for relief of possession and recovery of damages. The defendant had denied title of the landlord plaintiff. The defendant was served with notice dt.29041993 (Exh. 44) on the ground that tenancy was forfeited and vacant possession and damages, mesne profits were claimed. The defendant had replied the notice (Exh.45). The trial Court had dismissed the suit.

(3.) The substantial question of law set out is as under :