VINAYAK ABA SAWANT Vs. VIJAY KERU YELAVE

JUDGEMENT

(1.) Heard Mr. C.G. Gavnekar, learned Counsel for the applicants and Mr. T.S.Ingale, learned Counsel for the respondent, at length.

(2.) By this application under Section 115 of Code of Civil Procedure, 1908 (for short, CPC), the applicants have challenged the judgment and decree dated 2.7.2002 passed by learned Civil Judge, Junior Division, Shriwardhan in Regular Civil Suit No.39/1997 in as well as judgment and decree dated 2.2.2007 passed by learned Ad hoc District Judge 1, Raigad Alibag in Civil Appeal No. 160/2002. By these orders, the Courts below dismissed the suit instituted by Vinayak Aba Sawant, hereinafter referred to as the "original plaintiff".

(3.) Original plaintiff had instituted a suit against the respondent, hereinafter referred to as "defendant", for recovery of possession of two rooms on the ground floor from southern side of house No.2742/1695 situate at village Shriwardhan, Taluka - Sriwardhan, District - Raigad (for short, "suit premises"). It is the case of original plaintiff that the defendant is a monthly tenant and monthly rent is Rs.50/-. The tenancy commences as per the English calender. Defendant has paid rent up to April, 1996. The defendant has not paid education cess of Rs.59.70, Rs.48, Rs.81/-, Rs.81/-, Rs.81/-, Rs.73/-, Rs.73/- + Rs.73/- from 1987-88 to 1996-97. Defendant has also not paid rent of Rs.100/-. As the defendant did not pay the rent of Rs.100/- and education cess to the tune of Rs.635.50/-, he became defaulter.