JUDGMENT - KANADE V.M., J.:---The appellant is the original plaintiff and the respondent is the original defendant. This second appeal has been filed by the original plaintiff challenging the judgment and order passed by the trial Court dismissing his suit, which order has been confirmed by the District Court by dismissing the first appeal filed by him. The second appeal was admitted on 12th September, 1991 and the following order was passed.

"Heard Shri Manohar. Admit. The substantial question of law which arises for decision is point No. 1 in the memo of appeal."

2. Brief facts are as under:

The appellant-original plaintiff had filed a suit for possession of the suit property which consisted of room No. 518. It is the case of the plaintiff in the plaint that Lahanubai Paikaji Wairagade had taken the said plot from Chandrapur Municipal Council as a tenant and she had constructed a tin shed on the said plot and she continued to be in possession till her death in the year 1952-53. Her son Shrawan predeceased her and the plaintiff Kashinath was the son of Lahanubai's daughter, who was living all along with Lahanubai till her death and continued to live in the suit premises. It is the c

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