Judgment - KHARCHE S. T. , J.

( 1 ) INVOKING the jurisdiction of this Court under section-100 of the Code of Civil Procedure, the original defendant has filed this second appeal taking an exception to the judgment dated 20-5-1989 and decree passed by the learned Additional District Judge in Regular Civil Appeal No. 17 of 1986 whereby the appeal has been dismissed and the judgment dated 13-1 -1986 and decree passed by the learned Civil Judge, Jr. Dn. , in Regular Civil suit No. 130 of 1982 was confirmed by which the defendant was directed to hand over the possession of the suit premises to the plaintiff with direction to pay arrears of rent of Rs. 234. 50 and Rs. 25/- as damages with further enquiry under Order 20, Rule 12 of the Code of Civil Procedure.

( 2 ) THE respondent/original plaintiff purchased the house bearing Nos. 352 and 353 along with plot having area 20 x 18 feet at Patanbori from one laxmanrao Narlawar for a consideration of Rs. 23,000/- by registered sale- deed dated 13-4-1982 and the defendant has been in possession of one tin shed of area of 10 x 10 feet situated on the North East corner of the said plot. The case of the defendant is that he was occupying the suit

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