UTTAM GULABRAO SAKHARE Vs. CHAMPATRAO GULABRAO GAWANDE

JUDGEMENT

(1.) This is a defendatns second appeal from a suit for possession instituted by the plaintiff who calims to be the defendants's landlord andfor recovery of arrears of rent.

(2.) The house in question is situated at mouza Sanglud, tahsil Daryapur, district Amravathi. The plaintiff claims to be the owner of this house. According to him, he let out the house to the defendant in the year 1946. He states at that tim the defendant was in his service and had no house to live in. Therefore, he permitted the defendant to occupy the house and it was agreed between the parties that the defendant would pay rent to the plaintiff at the rate of Rs. 0-8-0 per month. His grievance is that though the defendant was asked several times to vacate the house and though he was even served with a registered notice in respect of it, he has refused to vacate.

(3.) The defence of the defendant is that the house in question belonged not to be plaintiff but to his maternal uncles Sukedeo and Baban, and that he is occupying it as a license of these two person. He denied that the plaintiff has any title to the house or that he was let into possession by the plaintiff.