GOVINDRAO VISHWANATH DABKE Vs. BHIMRAO NARAYANRAO DESHPANDE

JUDGEMENT

(1.) This petition will have to be allowed on the basis of a judgment of this court in Naganath Revansidhappa Cholkbaue v. Osmansaheb Panagaonkar. 1977

(2.) Maharashtra Law Journal, 491. Only few facts are necessary mentioned for the disposal of this petition. The petitioner was the tenant and the first respondent was the landlord of certain premises situated in Jalna of Aurangabad District. A Suit was filed under the Hyderabad Rent Act for possession of the suit premises by the land lord and the same was decreed. The petitioner tenant preferred an appeal being Rent Appeal No. 29 of 1975 and from the paper book before me. It appears, it was filed in the court of the District Judge, Aurangabad, It was, therefore, obviously filed before the correct authority. However the appeal was heard and disposed of by the learned joint Judge of Aurangabad by his judgment and order dated 8th of March 1977. The learned joint judge dismissed the appeal and upheld the order of eviction passed by the trial court.

(3.) Against the order of the learned Joint Judge this petition has been filed. It is not necessary to go into the merits of the petition because the order of the learned Joint Judge will have to be set aside on the ground of lack of jurisdiction and a direction will have to be issued that the District Judge shall re-hear the .Appeal preferred by the appellant.