SUKHDEO HIRAMAN DAHIHANDE Vs. LAXMAN BHAURAO SHINDE

JUDGEMENT

(1.) This petition takes an exception to the judgment and order passed by the learned Additional District Judge, Ahmednagar, in Regular Civil Appeal No. 107/1986 dismissing the appeal and upholding the judgment and eviction decree passed by the trial court.

(2.) The petitioner, was the defendant in Regular Civil Suit No. 240/1980, filed by the present respondents, against the present petitioner. Parties hereinafter are referred to their status as plaintiffs and defendant in R.C.S. No. 240/1980. Defendant Sukdeo died during the pendency of this writ petition and his legal heirs have been brought on record.

(3.) The plaintiffs filed R.C.S. No. 240/1980 for possession of the suit property and arrears of rent on several grounds. One of the ground raised, was regarding default in payment of rent from May 01, 1978 to January 31, 1979 i.e. for eight months amounting to Rs.320/-. According to the plaintiffs, the suit property, was let out to the defendant at the monthly rent of Rs.40/-and tenancy month is as per English Calender. The defendant after appearance, filed written statement. Issues were framed at Exhibit-12. The trial court, after considering evidence on record, recorded a finding on Issue No. 2 i.e. wilful default against the defendant. On this ground, decree came to be passed by the trial court on January 28, 1986, of eviction and arrears of rent to the tune of Rs.220/-. This judgment and decree was the subject matter of the Regular Civil Appeal No. 107/1986 filed by the defendant in the court of learned District Judge, Ahmednagar, which after hearing the parties, came to be dismissed by the learned 3rd Additional District Judge, Ahmednagar, on July 20, 1990. This judgment and decree, is brought in question, in this writ petition filed under Article 227 of the Constitution of India.