WAMAN RAMCHANDRA BHAYDE Vs. KANTA NARAYAN PATEL

JUDGEMENT

(1.) The Plaintiff/Landlord has filed this Appeal under Order 43 Rule 1 of CPC challenging the Order passed below Exhibit 49 in Civil Appeal No.113 of 1997 preferred by the RespondentsTenants granting his Review Application and permitting him to amend his Written Statement subject to payment of costs of Rs.10,000/ before the Appellate Court.

(2.) It appears that initially the challenge was presented as a Writ Petition under Article 227 of the Constitution of India. The same was registered as Writ Petition No.6994 of 2003. This Court admitted it and granted interim relief on 14.11.2003 and later permitted the same to be converted into Appeal against Order in view of the provisions of Order 43 Rule 1 (w) of C.P .C. vide its order dated 13.4.2010.

(3.) Learned Counsel for the Appellants/ Landlord points out that R.C.S. No.20 of 1995 was filed by the Landlords pointing out that the tenant had discontinued payment of rent form April 1990 and was a defaulter. The tenant filed his Written Statement and denied the said contention as false and leveled motive. The trial Court by judgment dated 25.4.1997 decreed the Suit. This Decree has been questioned by the RespondentTenant in Appeal No.113 of 1997 and in that Appellants/Tenants filed an Application at Exhibit 38 seeking leave to produce some rent receipts under provisions of order 41 Rule 27 of C.P.C. The Appellate Court after hearing the respective parties rejected that Application dated 10.7.2001 on 7.8.2001. The said rejection was questioned by the Respondent/Tenant in a Petition under Article 227 of the Constitution of India which was registered as Writ Petition No.5276 of 2002 and it was dismissed on 2.6.2003.