HANSRAJ MHADU GANJE Vs. NANABHAU DODHU PAGARE

JUDGEMENT

(1.) The Respondent-original plaintiff filed the suit for eviction of the appellant. It was pleaded that by an agreement Exh.41 dated 25th July, 1980 the appellant who was a tenant had relinquished his tenancy rights. It was further contended that as per the agreement the appellant had agreed to remove the structure existing on the land within two years i.e. on or before 25th July, 1982. The appellant refused to remove the structure. The suit thus came to be filed.

(2.) It is an admitted position that the appellant was inducted on a part of the property identified under Survey No.36 of Sangameshwar Ward, Taluka Malegaon, District Nasik. The open area leased out to the appellant was admeasuring 26 ft x 14 ft. The appellant thereafter put up a structure on the said land. The rent reserved was Rs.25/- per month. There was no agreement in writing when the tenancy was entered into nor thereafter.

(3.) The respondent aggrieved by the judgment preferred Civil Appeal No.7 of 1992. By judgment dated 2nd April, 1998 the first Appellate Court allowed the appeal and decreed the suit and directed the appellant to deliver possession to the respondent within a period of 3 months from the date of the judgment. Enquiry was also ordered into the mesne profits under Order XX Rule 1(1)(c) of the Civil Procedure Code. The Appellate Court held that the tenancy had been relinquished and that the appellant herein had agreed to remove the structure before 25th July, 1982. The Court held document Exh.41 as legal and valid. The contention of the appellant that Exhibit 41 was a creature of fraud and procured under undue influence was rejected. The Court also held that the Civil Court had jurisdiction. In the light of the finding that the agreement was valid and the tenancy had been validly relinquished consequently decreed the suit.