JUDGMENT - M.S. DESHPANDE, J.:---Civil Revision Application No. 157 of 1986 by the tenant arises out of the decree passed by the Additional Judge, Small Causes Court, Nagpur in Civil Suit No. 317 of 1979 in which a decree for ejectment and arrears of rent came to be passed against him. Civil Revision Application No. 158 of 1986 is by another tenant against whom a decree for ejectment and arrears of rent came to be passed by the same Court in Civil Suit No. 320 of 1979. Appeals were taken by the applicants against the decrees passed against them to the District Court being Civil Appeals Nos. 377 of 1985 and 376 of 1985 respectively under the provisions of section 26-A of the Provincial Small Cause Courts Act. Both these appeals were dismissed by the District Court holding firstly that sub-section (1) of section 26 could not apply in view of sub-section (2) and secondly that no appeal lay to it as the decrees were not passed under section 26 introduce by an amendment, but under Items 4 and 8 of Second Schedule as they stood before the amendment and, therefore, under section 15.

2. Both these appeals were heard by the District Court together and decided by identical judgments. The cont

Click Here to Read the rest of this document