GOPALDAS KISHANCHAND TAIREJA Vs. VIYAYSINGH BHIMSINGH PATIL

JUDGEMENT

(1.) This petition is directed against the judgment and Decree passed by the Learned Extra Assitant Judge Jalgon, in regular civil Appeal No.70 of 1974 arising out of the decision in Regular Civil Suit No.81 of 1972 given by the Learned Joined civil Judge, junior Division , Jalgon, dismissing the suit.

(2.) The Respondent landlord was the owner of two plots of land admeasuring 27ft. X 11 ft. And 18 ft. X 14 ft. Bearing city survey No.2122/A and municial No. 340 and situated within the Jalgon municipal limits. The two plots were known as plot No.1 and plot No.2 and were adjacent to each other.

(3.) It appears, sometime prior to 1957, Plot No.1 was released as an open plot of land of one Jalji waghji, This Lalji Wahji had constructed a structure thereon and was running a hotel business. On the 29th June, 1957, the petitioner tenant purchased this hotel as a running business together with the shed thereon constructed by Lalji Waghji with the consent of the Respondent- landlord. The petitioner was accepted as a tenant by the Respondent.