A.P. Bhangale, J.—The appeal impugns judgment and order dated 5.12.1998 passed in Regular Civil Appeal No. 247 of 1992 by learned Additional District Judge, Amravati which arose from dismissal of Regular Civil Suit No. 758 of 1988 decided by Joint Civil Judge, Junior Division, Amravati on 19.9.1992.

2. The plaintiff Shri Swami Narayan Mandir by Wahiwatdar had instituted Regular Civil Suit No. 758 of 1998 for recovery of possession of open plot of land admeasuring 2603 square feet bearing Plot No. 19, Gandhi Chowk, Amravati city. The defendant occupied the plot as a tenant.

3. By notice dated 1.4.1988, the plaintiff had terminated tenancy of the defendant and asked the defendant to vacate and pay arrears of rent. The defendant did not comply with the notice. Hence, suit was filed.

4. The defendant resisted the suit on the ground that, in absence of permission from the Rent Controller, the plaintiff could not have terminated his tenancy. The defendant also contended that the suit plot was leased in favour of the defendant in 1957 permanently and the defendant made permanent construction by spending Rs.14000/- for it.

5. The trial Court found that the plaintiff is entitled to