SARASWATIBAI DNYANOBA PAIGUDE Vs. SHRIKANT BABURAO DHAMALE

JUDGEMENT

(1.) The trial Court passed a decree in Regular Civil Suit No. 1037 of 1981 on 16.12.1987, directing the defendant to hand over the vacant possession of the room prescribed in para 1 of the plaint to the plaintiff. The lower appellate Court has reversed the decree passed by the trial Court on 20.04.1992 in Regular Civil Appeal No. 247 of 1988. Hence, the original plaintiff is before this Court in this second appeal.

(2.) The plaintiff came before the Court with a case that her husband Dnyanoba Paigude was the tenant in respect of the suit property and the defendant was a son of step daughter of Dnyanoba. The defendant was permitted to reside in the suit property as a gratuitous licensee. He assumed the possession of the property and did not vacate it, therefore, the suit was filed for recovery of possession. The defendant denied the claim of the plaintiff and submitted that he himself was the tenant in respect of the suit property being the family member of Dnyanoba Paigude.

(3.) The trial Court recorded the finding that the defendant was the trespasser and he failed to establish that he was residing with his mother in the suit property prior to the death of the plaintiff's husband, as the family member. The lower appellate Court held that the dispute is regarding the status as a tenant and therefore, the civil Court had no jurisdiction to entertain, try and decide the suit as the question involved was required to be decided by the Court of Small Causes under the Provincial Small Cause Court Act.