ADIL JAMSHED FRENCHMAN Vs. SARDAR DASTUR SCHOOL TRUST

JUDGEMENT

(1.) Leave granted.

(2.) The Third Additional District Judge, Pune, seized of hearing a first appeal, allowed an application under Rule 27 of Order 41 of the Code of Civil Procedure, 1908 (hereinafter the Code for short) seeking production of four documents in additional evidence. The High Court has, by its impugned order passed in exercise of revisional jurisdiction under Section 115 of the Code, set aside the order of the first appellate court.

(3.) This is a landlord-tenant suit in which the eviction of the tenant is sought for under Section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 on several grounds, namely, that the landlord reasonably and bona fide require the premises for occupation by himself, that the tenant had, without the landlords consent, erected on the premises a permanent structure and that the tenant had changed the user of the tenancy premises by conducting the coaching classes therefrom.