Pronounced on : March 20, 2024.
Judgment :
1. By order dated 1st November 2017, the second appeal was admitted by this Court. The appellant before this Court is the Plaintiff aggrieved by the concurrent findings of the Trial Court and Appellate Court dismissing his suit seeking eviction of the Defendant.
Proceedings Before The Trial Court:
Plaint:
2. RCS No. 82 of 2010 was filed by the plaintiff seeking eviction of defendants from the suit property described as part of non Patil-SR (ch) 3 of 22 sa 69-2017 ( J).doc agricultural land bearing Gat No.395 (part) admeasuring 50 x 45, 30 x 25 feet open plot. The open plot of land was let out to Bhikaji Laxman Rao Jadhav- the predecessor of defendants for the purpose of business on monthly rent of Rs.75/-. The original tenant Bhikaji expired in January 2010 and defendant nos.1 to 6 are the legal heirs of original defendant. On the open land the original tenant had constructed a temporary shed. RCS No.43 of 2081 was filed by Bhikaji seeking injunction against the plaintiff which was dismissed by the trial Court as against which the appeal preferred was also dismissed. As the suit property was required for the bonafide use of plaintiff, RCS No.10 of 2008 was filed seeking eviction of deceased Bhikaji which was withdrawn on 4th March 2010 with the permission of Court. The tenancy of the defendant was terminated by issuing notice dated 31st March, 2010 under Section 106 of the Transfer of Property Act, 1882, (TP Act, 1882) which was duly received by the defendants. As the defendants declined to handover possession of the tenanted property, the suit was filed.