C MOHIDDIN Vs. HAYAD SAB

JUDGEMENT

(1.) HEARD Shri Sudin Usgaonkar, learned Counsel appearing for the petitioners and Shri J. Godinho, learned counsel appearing for the respondents.

(2.) THIS is a petition challenging the judgment passed by the Tribunal whereby an appeal preferred by the respondents was allowed and the petitioners were directed to be evicted form the suit premises.

(3.) ON the other hand, Shri J. Godinho, learned counsel appearing for the respondents has supported the impugned judgment. The learned counsel has pointed out that the petitioners are the tenants of the suit premises and as such, the petitioners were entitled to file eviction proceedings on the ground of non-payment of ground rent and for reconstruction of the suit premises. The learned counsel further pointed out that the material which is sought to be relied upon by the petitioners is not at all relevant for the purpose of deciding the matter in controversy. The learned Counsel has disputed the contention of Shri Usgaonkar, learned counsel appearing for the petitioners to the effect that the suit premises were constructed by the petitioners and that the amount which was being paid is only on account of ground rent. The learned counsel has pointed out that the petitioners were paying the rent on account of occupation of the suit premises and as such, the learned Tribunal has rightly directed the eviction of the petitioners. The learned Counsel has taken me through the impugned judgment as well as the material on record and pointed out that no case is made out by the petitioners for any interference by this Court in the impugned judgment.