PANJABRAO HARBAJI KOLHE Vs. GAIANAN BALAJI MANE

JUDGEMENT

(1.) This appeal is filed by the original defendant against the decree for possession passed against him in the first appeal by the learned Extra Assistant Judge, Nagpur.

(2.) The respondents (plaintiffs) had filed Regular Civil Suit No. 318 of 1965 for possession against the present appellant, alleging that he was let into possession as their licensee in the year 1963. It was agreed that the appellant should pay them Rs. 4/- per month and also give entire manure of the cattle. The subject matter of litigation was a small portion of a house in the field of the respondents situated at Takli within the limits of Nagpur Municipal Corporation. The respondents had served a notice dated 29-12-1964 Ex. 22 calling upon the appellant to vacate the premises which was followed by the suit.

(3.) The defence of the appellant was that he and one Ramchandra Gaurkar were the joint tenants of the respondents in respect of the suit premises on the monthly rent of Rs. 4/-. The subject matter was governed by the Bombay Tenancy and Agricultural Leases Act and hence the Civil Court had no jurisdiction to entertain the suit. Lastly it was a contended that the notice dated 29-12-1964 bad in law.