Judgment

P.B.SAWANT, J.

(1) LEAVE granted.

(2) THE appellant claimed to be the owner of Gher (property in dispute) in the town of Shameili and in that capacity, according to him, he had let out the property to one Habib as long ago as in 1966. He had filed suit g No. 591 of 1966 against Habib for recovery of rent and the suit was decreed. According to the appellant, Habib sublet the property to one Banda. In 1974, the appellant filed a suit for eviction of both Habib and the sub-tenant Banda in the court of Small Causes. This suit was decreed against both Habib and Banda.

(3) THEREAFTER, Banda, filed an application for setting aside the said decree. His application was dismissed. The revision filed by him before the Additional District Judge was also dismissed on 26/09/1977. Thus, according to the appellant, the eviction decree against both Habib and Banda became final on that date.

(4) HOWEVER, Banda filed the present suit on the basis of his title as the owner of the property which has given rise to the present appeal. In the suit, he claimed two reliefs, viz., that the decree passed by the Small Cause court in Suit No. 45 of 1974 was a n