S.N.PHUKAN, V.N.KHARE
Vishwasrao Dadasaheb – Appellant
Versus
Shankarrao D. Kalyankar – Respondent
JUDGMENT :- The landlord is in appeal before us. It is not disputed that on 9-4-1970 the respondent-tenant purchased the premises, namely, C.T.S. No. 2005/1-2A situated in E. Ward of Kolhapur Municipal Corporation. Immediately on purchase of the said premises, the respondent-tenant filed a suit for eviction of his tenant. The said suit was decreed. An appeal against the decree was dismissed by the appellate Court. While these proceedings were going on the present appellant filed a suit for eviction of the respondent-tenant on the grounds of his bona fide need, default in payment of rent and the tenant having acquired an alternative vacant premises. While the appellant suit was pending the respondent-tenant was delivered possession of his acquired house. The IInd Jt. Civil Judge, Jr. Division decreed the suit of the appellant on the grounds that the respondent-tenant was a defaulter and that the respondent-tenant has acquired another suitable vacant accommodation. The respondent-tenant filed an appeal in the Court of IInd Addl. District Judge, Kolhapur. The Second Additional District Judge, reversed the finding of the trial Court relating to the ground of default, holding that the t
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