( 1 ) DEFENDANT Vijay, who was ordered to be evicted from the suit premises, in pursuance of the decree passed by the learned 3rd Joint civil Judge Junior Division, Ramtek and affirmed on appeal by the learned 14th ad hoc Additional District Judge, Nagpur, has preferred this Second Appeal.

( 2 ) THE facts which led to the presentation of this appeal are as under: the plaintiffs had purchased house bearing No. 31 C. T. S. 2035, Sheet No. 8 of Rakhi Bank Road at Ramtek by registered sale deed on 1-10-1987 from nalini Joshi and others. The defendant was a tenant in respect of part of this premises on monthly rent of Rs. 125/ -. Since the plaintiffs required the premises bona fide and reasonably for their own occupation and since the provisions of c. P. and Berar Letting of Premises, 1989 applied to the suit premises they approached the Rent Controller for permission to issue notice under section 106 of the Transfer of Property Act. The Rent Controller accorded necessary permission and thereafter the plaintiff sent notice on 28-5-1993 terminating tenancy of the defendant and seeking recovery of the possession on expiry on 30th June, 1993. Since the tenant did not vacate, the plaintiffs

Click Here to Read the rest of this document