TULSABAI RAMKRISHNA TELRANDHE Vs. CHAMPALAL KHEMCHAND JAIN

JUDGEMENT

(1.) This second appeal is preferred by the original defendant against the judgment and decree passed by the 11th Joint Civil Judge, Jr. Dn., Nagpur, in Regular Civil Suit No. 163 of 1982 on 27-4-1983, as also the judgment and decree passed by the Additional District Judge, Nagpur, in Regular Civil Appeal No. 466 of 1983 on 7th October, 1986.

(2.) The brief facts giving rise to this second appeal and to the controversy in question are stated as under:

(3.) It is pleaded by the plaintiff in the instant suit that the defendant had agreed to accept Rs. 300/- per month from the plaintiff towards the rent from 1st February, 1979 and the defendant allowed the plaintiff to remain in the premises as a tenant till 31st January, 1982. According to the plaintiff, the compromise dated 22nd March, 1979, in fact, created a new tenancy though the word Harjana (compensation) was used in the compromise deed. It was further pleaded that the defendant also used to receive Harjana from 1st February, 1979 onwards. It was the case of the plaintiff that though the tenancy was continued in view of the compromise dated 22nd March, 1979, the plaintiff apprehended that the defendant would execute the decree passed in Civil Suit No. 1417/1973 and take the possession of the suit property and, therefore, the plaintiff approached the Court seeking the aforesaid declaration.