JUDGMENT

1. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties. Heard Mr. Fidvi Ibrahim Abid, learned counsel for petitioner and Mr. A. S. Murty, learned counsel for respondents.

2. The petitioner has approached this Court challenging the order passed by learned District Judge-3, Nagpur dated 04.12.2019 below Exh.-39 in Regular Civil Appeal No. 49/2013 whereby learned appellate Court rejected the application filed by petitioner seeking permission to cross-examine original plaintiff.

3. Few facts would be necessary to be narrated here. They are as under.

The petitioner is tenant in shop block area 8 X 15 i.e. 120 Sq. Ft. on house property bearing Municipal Corporation house No. 7/0 + 5, survey no. 177, sheet no. 224, circle no.2, Division No.1, Ward No. 8, situated at Joharipura, Tilak Road, Mahal, Nagpur. The petitioner is a monthly tenant. His tenancy commences on the first day of English calendar month and ends on the last day of that month. The petitioner is tenant from 1982.

4. By virtue of sale deed dated 18.10.2004, the present respondents acquired the title of the property where the suit shop is situated. Thereafter, the tenancy