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Mr.R.N. Sanghavi, learned counsel for the respondents.

2. This C.R.A. takes exception to the judgment and decree dated 12.2.2007 passed by the learned trial Judge in Regular Civil Suit No.2021/1996 as also the judgment and decree dated 21.9.2017 passed by the learned District Judge in Civil Appeal No.285/2007. Both the Courts decreed the suit instituted by the respondents herein and held that applicant No.1 Dnyanoba Kasab is a trespasser. He has unauthorizedly occupied room No.3, admeasuring 80 sq. ft., situate in House No.558-A, Nana Peth, Pune.

907.CRA.519-18.doc

3. Mr. More has invited my attention to the amended plaint filed by the respondents in the Court of Civil Judge, Senior Division, Pune inter alia contending that one Ramchandra Vithu (Vithal) Kasab was tenant in the suit premises. Ramchandra Vithu (Vithal) Kasab was residing along with his wife in the suit premises. They had no issue. On 4.1.1989 Ramchandra Vithu (Vithal) Kasab died. His widow Parvatibai made application on 30.3.1989 for issuing rent receipt in her name. It is further contended that on 13.10.1995, Parvatibai made application mentioning therein occupation of defendant No.1. Parvatibai died on 15.10.1995. The couple had no issue. In paragraph-4A, respondents No.1 to 5 contended that defendant No.1 Dnyanoba has illegally and unauthorizedly committed trespass and is occupying the suit premises.