VITTHALRAO CHHAKORILAL KOTHARE Vs. THAWARDAS HASANAND JANYANI

JUDGEMENT

(1.) RULE. Rule returnable forthwith. Heard finally by consent of parties.

(2.) BY the present petition, the petitioner-tenant has challenged the judgment and decree passed by the Small Causes Court, Nagpur in Regular Civil Suit No. 190/1998, on 20-9-2000 and confirmed in Regular Civil Appeal No. 47/2001 on 14-5-2002. Facts

(3.) RADHABAI-ORIGINAL landlady has filed an application for grant of permission to issue quit notice to the petitioner-tenant, which was granted to her. She issued a quit notice to the petitioner/tenant on 2-12-1991 and then filed a suit bearing R. C. S No. 500/1993 for ejectment. The suit came to be dismissed on 4-5-1995 on the ground that the notice was defective. On 28-6-1995, she issued another quit notice and filed another suit, which came to be numbered as R. C. S. No. 485/1995. That was also dismissed for defective notice. In the meanwhile, Radhabai expired. Her Legal heirs then issued 3rd quit notice on 24-2-1998 and then filed a suit bearing R. C. S. No. 190/1998. The Small Causes Court decreed the suit for eviction and the Appellate Court confirmed the decree and hence, this writ petition. Arguments