RAMCHANDRA KASHIRAM NEHARIA Vs. NARAYANDAS VALLABHDAS AND OTHERS

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution.

(2.) RESPONDENTS Nos. 1 to 8 filed against the petitioner ejectment application under section 41 of the Presidency Small Causes Courts Act in respect of premises comprised of a hall bearing hall No. 1 on the ground floor of house No. 39 known as Shri Rajput Chauhan Sanstha Panch Gantiwadi Trust situated near Dhobi Talao, Bombay. The said application was contested by the petitioner. In pursuance of section 42A of the Presidency Small Cause Courts Act, the trial Court framed a preliminary issue to the effect whether the petitioner herein proves that he is a tenant of the suit premises and entitled to the protection of the Rent Act. On the said issue, rival sides led evidence, oral and documentary. On a consideration of this evidence and the arguments of the respective counsel, the trial Court, by its judgment and order dated 29th June 1974, held that the petitioner herein failed to prove that he was a tenant of the suit premises. While coming to the said conclusion, the trial Court took into consideration the various documents as also the other factors and circumstances emerging from the evidence on record. Against the said judgment and order, the petitioner herein preferred, as provided by sub -section (2) of section 42A of the aforesaid Act, an appeal to a Bench of two Judges of the Court of Small Causes. The Appellate Bench, by its judgment and order dated 13th April 1978, dismissed the said appeal. Against this dismissal, the petitioner preferred to this Court Special Civil Application No. 1233 of 1978 under Article 227 of the Constitution. The said petition was placed for admission before Bhasme J. on 23rd June 1978. The order passed on the said petition was "rejected".

(3.) IN support of the petition, I have heard Mr. K.K. Vyas, learned counsel for the petitioner. The respondents -trustees are represented by their learned counsel Mr. H.C. Tunara.