JUDGMENT :

1. By this Petition, Petitioner challenges the decree dated 28 July 1994 passed by District Judge, Nashik dismissing Civil Appeal No.91 of 1998 and confirming the decree dated 9 April 1987 passed by the Court of Joint Civil Judge Junior Division, Nashik in Regular Civil Suit No.73 of 1984 and Miscellaneous Application No.279 of 1985.

2. Facts of the case, as pleaded in the Plaint filed in Regular Civil Suit No.94 of 1984 are as follows. Three rooms and enclosed platform abutting road on ground floor of southern portion of Municipal House No.3309, City Survey No.4316 at Kazipura in Nashik City are the suit premises. The property bearing Municipal House No.3309 was owned by Late Hafizabi Kadar Khan Pathan. Defendant was inducted as monthly tenant in respect of the suit premises for monthly rent of Rs.55/- by Hafizbi. After her death on 12 November 1974, Hafizabi left behind three sons viz, Abdul Gani Khan, Abdul Gafar, Abdul Karim and one daughter Zebrunisa. Plaintiff-Mohamudkhan Kadar Khan Pathan is the step-son of Hafizabi. According to Plaintiff, Hafizabi had partitioned various properties and had submitted application to the City Survey Office and accordingly entries wer