RAMCHANDRA SONU GAIKWAD Vs. SARASWATI SAKHARAM SONKAR

JUDGEMENT

(1.) SECOND Appeal No.171 of 1985 along with three other companion SECOND Appeals viz., SECOND Appeals Nos. 172 of 1985, 173 of 1985 and 174 of 1985 can be disposed of by common Judgment.

(2.) THE respondent in Second Appeal No.171 of 1985 is a tenant of the suit premises of which the appellant is the landlord. THE appellant-plaintiff filed Regular Civil Suit No.631 of 1974 and Regular Civil Suit No.61 of 1975 against the respondents for eviction. Both the said suits were based on title. In these suits the plaintiff contended that he is the owner of the house bearing new No.190 and old No.143 at Majiwada Gram Panchayat. THE appellant further contended that the defendants in both the said suits were monthly tenants of the suit premises paying rent of Rs.12/- per month. Appellant further contended that both the defendants in the said suits were irregular in payment of the rent and failed to observe tenancy conditions and further he requires the aforesaid tenements in occupation of the said two defendants for his bonafide personal use. Lastly the appellant contended that both the tenants-defendants in both the suits had left the suit premises and they also do not require the suit premises. THE appellant-plaintiff, therefore, filed Regular Civil Suits No.631 of 1974 and 61 of 1975 before the Second Joint Civil Judge, Junior Division, Thane, THE defendants in both the suits challenged the title of the plaintiff.

(3.) AGAINST the said Judgment and decree passed in Civil Appeals Nos. 351 of 1981 and 350 of 1981 the appellant-original plaintiff has preferred two second appeals being Second Appeals Nos. 171 of 1985 and 173 of 1985.