JUDGMENT - GAVAI B.R., J.: - Being aggrieved by the judgment and order passed by the learned Small Causes Court, Nagpur, dated 2nd December, 1996, thereby decreeing Regular Civil Suit No. 907 of 1988 filed by the present respondents and the judgment and order passed by the learned 5th Additional District Judge, Nagpur, dated 21st July, 1997 thereby dismissing the appeal of the present applicant, the applicant approaches this Court by way of the present revision.

2. Mazharali s/o Sk. Mohsin Bhai, the predecessor in title of the present respondents, filed Civil Suit No. 907 of 1988 against the present applicant, claiming that he was the landlord of the suit premises and that the defendant was his tenant, after obtaining permission from the Rent Control authorities, which came to be confirmed upto the Apex Court. Prior to that a notice dated 27th May, 1988 was issued to the defendant-tenant thereby terminating the tenancy with effect from 30th June, 1988 and asking the defendant to deliver the possession of the suit premises. Since the defendant did not comply with the said notice, the plaintiff-landlord filed a suit in the Court of the Small Causes at Nagpur for possession and mesne

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