NAVINCHANDRA RATILAL THAKKAR Vs. GIRDHARILAL H VALIA

JUDGEMENT

(1.) This writ petition challenges the validity of the judgment and order of the Appellate Bench of the Court of Small Causes dated 22-4-1982 in Appeal No. 315 E/79, allowing the first respondents appeal and reversing the finding of the trial Court dated 5th April, 1979 on the preliminary issue raised in respondent No. 2s application being Ejectment Application No. 23/119/1971 against respondent No. 1 for ejectment and possession viz. whether first respondent proved that he was a tenant of the suit premises.

(2.) Few facts, necessary to dispose of this writ petition, are as under :---

(3.) Thereafter on 4-3-1971 respondent No. 2 filed an application for ejectment being Ejectment Application No. 23/119 of 1971 under Chapter VII of the Presidency Small Causes Courts Act, against respondent No. 1 for eviction and possession. On 10-6-71 respondent No. 1 filed his defence wherein he, inter alia, claimed to be a monthly tenant of the premises at the rent of Rs. 103.32 p.m. on and from 1-11-1968 as per terms and conditions of the agreement of tenancy given and signed by the plaintiff as well as himself. He also claimed that he was in exclusive possession and occupation of the suit premises since November 1968 and that at the time of letting out of the suit premises he had paid an amount of Rs. 4,000/- to the second respondent as and by way of loan at the rate of interest of 9% p.a. on 15th November, 1968 by a cheque and that the said amount with interest was to be adjusted by respondent No. 2 towards the future rent at the rate of 103.32 p.m. and after calculating the rent till the application was made, respondent No. 1 claimed that an amount of Rs 797.08 was still due and payable to him as the amount being outstanding against respondent No. 2.