RAMAKANT M. TIPNIS Vs. RAVINDRA LAKHAMSEY MALDE

JUDGEMENT

(1.) HEARD Mr. Ramakant M. Tipnis, the Appellant in person.

(2.) BY way of this First Appeal filed by the original Plaintiff, it is prayed that the Judgment and Order passed by the City Civil Court, Bombay on 9th March, 1993 whereby the said Court dismissed the Plaintiffs Suit, be set aside and the Plaintiffs Suit for possession in respect of the suit premises be decreed. The brief facts which may be necessary for the disposal of the First Appeal are :

(3.) THE original Defendant upon service of writ of summons, contested the Suit by filing Written Statement and set up the defence that since he was monthly tenant of the original Plaintiff in respect of the suit premises, the suit is only triable by the Court of Small Causes and the City Civil Court has no jurisdiction. In the Written Statement the original Defendant stated that the suit premises consist of one room, including terrace and water closet which is in his exclusive possession. He denied that he erected any W.C. or taken water connection illegally or otherwise. He set up the defence that he was occupying the premises, as monthly tenant and the original Plaintiff was not entitled to decree for possession.