1. Regular Civil Suit No.83 of 1997 for eviction and possession of the open land instituted by the respondent No.1/plaintiff-landlord was decreed by the Trial Court by its judgment and order dated 28-11-2011. Regular Civil Appeal No.191 of 2012 preferred by the appellant/defendant No.2-tenant challenging the decree passed by the Trial Court, was dismissed by the learned Ad hoc District Judge, Malkapur. Hence, this second appeal by the original defendant No.2-tenant.

2. The factual position, which is not challenged during the course of arguments, needs to be stated as under:

The suit property was the open land owned by one Govind Vishnu Saoji (Mahajan). By executing the registered sale-deed dated 1-1-1943, it was transfered in the name of the appellant/defendant No.2 Radhakisan Ramnath Malpani for a fixed period of 61 years, ending on 31-12-2003. The lessor Govind Saoji died on 29-12-1968 and the property was bequeathed under his Will in favour of the adopted son Dattatray Mahajan, who allotted it to his son Rajesh Mahajan, the respondent No.1/original plaintiff, in partition on 1-11-1978.

3. The respondent No.1/plaintiff Rajesh Mahajan filed Regular Civil Suit No.83 of 19