MAHENDRA SHANKARRAO GADVE Vs. AJAY RAMANLAL GUJRATHI

JUDGEMENT

(1.) This Civil Revision Application is filed by original Plaintiffs/lessors against lessee/original Defendant under provision of Sec. 115 of the Code of Civil Procedure, 1908 ( 'CPC ' for short). It challenges the impugned Judgment and Decree dtd. 23/3/2010 passed by the District Judge - 10, Pune in Civil Appeal No. 576 of 2008, by which the appeal filed by the Respondent/Defendant was allowed and Judgment and Decree dtd. 13/6/2008 passed by the Joint Civil Judge, Senior Division, Pune (on Deputation 5th Additional Judge, Small Causes Court, Pune) in Civil Suit No. 653 of 2001, was set aside. The Trial Court had decreed the suit directing the Respondent to vacate the suit premises. This eviction decree is set aside by the Appellate Court.

(2.) Land beneath the structure constructed on plot No. 8 from sanctioned layout of Survey No. 46/2 and 46-B/1 in TPS No.3,, Parvati admeasuring about 10673 sq. ft. equivalent to 991.99 sq. mtrs situated within the limits of the Sub-Registrar, Taluka - Haveli, District Pune and within the limits of Pune Municipal Corporation, Parvati is the subject matter property and the same is hereinafter referred to as 'suit premises '.

(3.) The Revision Applicants filed the said suit, contending inter alia as under.