JUDGMENT

The Challenge

1. Appellant has filed this Appeal challenging the Judgment and Decree dated 29 June 2022 passed by the District Court, Kolhapur dismissing Regular Civil Appeal No. 313 of 2019 and confirming the Judgment and Decree dated 9 October 2019 passed by the Civil Judge Senior Division, Kolhapur in Regular Civil Suit No. 448/2005. The Trial Court has decreed the suit and has directed the Appellant-Defendant to handover possession of the suit property to Plaintiff/Respondent in addition to conduct of enquiry in respect of mesne profits under Order 20 Rule 12 Code of Civil Procedure, 1908 w.e.f. 31 May 2005 till delivery of possession.

Facts

2. First floor alongwith its attic located in the three storied building at C.T.S. No. 3056, Tarabai Road, Kolhapur is the suit property. The suit property was owned by Ramrao Mahadev Misal, which was leased to the Defendants, which is Shetakari Sahakari Sangh Ltd., a Cooperative Society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). It is contended that the period of lease expired on 31 October 2002. Original Plaintiff-Ramrao Mahadev Misal filed Regular Civil Suit No. 448/2005 in the Cou