SHRICHAND S/O ROCHALDAS KHEMANI Vs. ABDUL RAZZAK

JUDGEMENT

(1.) BY this application for review, the applicants tenants are seeking review of the judgment dated 21.10.2010 delivered in Writ Petition No.711/2010. In that Writ Petition styled as one under Articles 226 and 227 of the Constitution of India, they had questioned the judgment dated 12.12.2006 passed by the learned 2nd Additional Judge, Small Causes Court, Nagpur in Regular Civil Suit No.326/2002 and subsequent judgment and decree dated 9.12.2009 of Appellate Court in Regular Civil Appeal No.24/2007. The respondents landlord had sought their eviction on the ground that the premises were required on account of bona fide need. The trial Court as also the Appellate Court accepted that need and this Court rejected tenants' Writ Petition on 21.10.2010. The learned counsel for the tenants had sought time of eight weeks to approach the Hon'ble Apex Court. That request was opposed but then the said period was granted on condition of tenants' depositing all monetary part as per the impugned judgment and decree. Thereafter, this Review Application came to be filed on 15.11.2010.

(2.) PERUSAL of Application for Review as drafted shows that the effort of the applicants is to place their arguments in writing before this Court. The respondents have not filed any reply to it.

(3.) THE next contention is about the pleadings of the landlord in earlier proceedings and in suit before Small Cause Court. It is urged that the trial Court considered the said aspect in paragraph 20 of its judgment, without considering the aspect of pleading and Appellate Court also did not look into previous rent control proceedings or its impact on present matter. It is urged that this Court has not referred to or considered even this submission.