SHANTABAI DHARMAGIR GOSAI Vs. PUSHKARLAL THAKURLAL

JUDGEMENT

(1.) This is defendant's second appeal who has lost from both the Courts below as the suit for possession filed by plaintiff has been decreed and the first appeal which was filed by defendant has been dismissed by the impugned judgment and decree.

(2.) Plaintiff-Thakurlal filed a suit on 5-1-1980 in the trial Court on the averments that defendant is his licensee and residing in the suit house in that capacity. Despite plaintiff asked defendant to vacate the suit house she declined to do so as a result of which he sent a notice through his counsel dated 11-9-1997 to her by terminating her licence. This notice was denied by her on incorrect grounds on 27-9-1979. The averments made in the reply are totally false and by basing these false facts she has denied the ownership of plaintiff on the suit property. Hence, a suit for recovery of possession has been filed by further claiming mesne profit @ Rs.50/- per month.

(3.) The learned trial Court framed necessary issues and after recording the evidence of the parties decreed the suit.