VISHWANATH NARAYANRAO SHANBAG Vs. JAISING GENBA CHANGAR

JUDGEMENT

(1.) THE Petitioner Plaintiff herein the original owner having purchased the property by Sale Deed dated 2nd November 1988. The property is surveyed under City Survey Satara under Nos.623, 624 and 625 and admeasuring 121.8 sq.mtrs. The Respondent No.1/ Defendant No.1 is the tenant of the premises. As per the Plaintiff, the Respondent No.2/Defendant No.2 is in illegal occupation and Respondent No.3/Defendant No.3 is the son of Respondent No.1. Subsequent to the purchase by the Plaintiff, the Plaintiff informed the Defendant No.1 of the purchase and that he had became the landlord of the premises by letter of November, 1988. The Suit has been filed by the Plaintiff for eviction of the Defendants. It is the case of the Plaintiff that rents have been paid upto 31st August 1988 and thereafter no rents have been paid. The Plaintiff has therefore prayed that he be put in possession of the suit premises, for recovery of arrears of rent and mesne profits.

(2.) ON 25th April 1996, the Defendant No.1 filed his written statement and denied that he had received notice from the Plaintiff informing that he had become the landlord of the premises. Issues were framed on 16th July 1990 which are on page 18 of the Paper Book of this Court.

(3.) THE Defendant No.3 i.e. the newly added Defendant filed written statement on 7th January 1992. Additional Issues were thereafter framed on 18th January 1992.