1971 Supreme(Kar) 224
MALIMATH
ALLISAHEB MASUMSAHEB ALAS – Appellant
Versus
BABU LAXMAN CHAMBAR – Respondent
Advocates:
G.D.Shirgurkar, S.L.Benadikar
( 1 ) THIS second appeal is by the defendants arising out of a suit instituted by the respondent-plaintiff for possession of the suit land bearing s. No. 172/4 measuring 4 acres and 19 guntas and assessed at Rs. 10-2-0 of terdal village. The suit as originally framed was onp for permanent injunction. Subsequently, the plaintiff ssought permission to amend the plaint seeking a decree for eviction on the ground that he has been dispossessed from the suit land during the pendency of the suit. That application for amendment has been allowed. The defendants resisted the suit and contended that they are the tenants of the suit land and are in possession of the same in that capacity. They denied that the plaintiff is the tenant of the suit land It is not disputed that the suit land belongs to the Padaki family. The case of the defendants is that the suit land was taken on lease in the year 1944. In support of that contention, the defendant relied upon a certified copy of the registered lease deed alleged to have been executed by the defendants in favour of Narayan padaki, the landlord, on the 4th of February 1944 which has been produced at SI. No. 1 with Ext. 12. According to the defendan
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