RAMNATH GANPATI Vs. CHETANDAS ZATMALDAS PANJWANI

JUDGEMENT

(1.) This is an appeal preferred by the original defendant being aggrieved by the decree of eviction and payment of arrears of rent passed by the 4th Additional District Judge, Aurangabad in Regular Civil Appeal No. 183 of 1986, decided on 23rd August, 1990, whereby the Additional District Judge reversed the dismissal of the suit and findings of facts recorded by the Jt. Civil Judge, Junior Division, Paithan, in Regular Civil Suit No. 120 of 1982, decided on 20th February, 1986. Original plaintiff Chetandas who died pending appeal in the District Court, was represented by his legal representatives.

(2.) It is case of original plaintiff Chetandas that he was owner of Room No. 6, House No. 2078, situated at Saliwada, Tal. Paithan, Dist. Aurangabad. The defendant was in occupation of premises as tenant from 1st January, 1979. Monthly rent was Rs. 50/. The tenancy month started on first day of every month and ended on last day of that month. The defendant/appellant did not pay rent from October, 1981 to March, 1982 and therefore a notice was issued by the plaintiff on 6th March, 1982 as per Section 106 of the Transfer of Property Act and terminated tenancy of the appellant/defendant. Since the appellant did not vacate the suit premises, the suit was filed for possession and arrears of rent.

(3.) Present appellant appeared and filed written statement. He admitted that he was tenant, however, he denied that original plaintiff Chetandas was owner or lessor. It is stated that brother of plaintiff Chetandas by name Santumal was owner of the property. It is also stated that the notice given by Chetandas is illegal and invalid as there was no agreement of tenancy between Chetandas and the appellant and in the circumstances the suit is also dismissed.