LAWS(BOM)-1998-7-27

PRATAPCHAND LAKHAMAJI JAIN Vs. LILABAI KRISHANATH SURVE

Decided On July 18, 1998
PRATAPCHAND LAKHAMAJI JAIN Appellant
V/S
LILABAI KRISHANATH SURVE Respondents

JUDGEMENT

(1.) BY the present civil revision application, the petitioner challenges the Order dated 26-8-96 passed by the Additional District Judge, Raigad, in Civil Misc. Appeal No. 57/90, whereby Lower Appellate Court has dismissed the appeal and thereby confirmed the Order dated 12-9-90 passed by the trial Court in R. C. S. No. 143/88.

(2.) THE facts relevant to the present case are as under :---

(3.) THE material on record further disclose that the plaintiff had filed Civil Suit bearing R. C. Suit No. 21/82 against the defendant for the recovery of rent on the basis of the notice issued by the plaintiff alleging that the tenancy in favour of the petitioner was terminated. It is also undisputed fact that the present suit being R. C. Suit No. 43/88 has been filed on the same ground and on the basis of the same notice dated 13-1-82.