LAWS(BOM)-2003-3-135

MADHUSUDAN RAJESHWAR MALVI Vs. MANDAKINI BHAURAVJI KAMBLE

Decided On March 12, 2003
MADHUSUDAN RAJESHWAR MALVI Appellant
V/S
MANDAKINI BHAURAVJI KAMBLE SINCE DECEASED THROUGH HER L.RS. Respondents

JUDGEMENT

(1.) BY this miscellaneous civil application the applicant, who is the original revision-petitioner is Civil Revision Application No. 402 of 2002, is seeking review of the judgment 85 order passed by this Court on 16th august, 2002 in the said revision application.

(2.) THE applicant is the tenant and the non-applicants are the L. Rs. of the deceased landlady. By the notice dated 26-5-1994 the landlady terminated the tenancy of the applicant/tenant with effect from the midnight of 10-7-1994 and 11-7-1994. The landlady thereafter filed a suit for recovery of possession, being Small Causes Suit No. 59/94, in the Court of Joint Civil Judge senior Division, Yavatmal. The learned Joint Civil Judge, Sr. Dn. , Yavatmal held that the notice issued by the landlady was valid. He accordingly passed the decree for the recovery of possession and for payment of damages and mesne profits. The applicant/tenant thereupon preferred Regular Civil Appeal No. 55 of 1997 which came up for hearing before the Additional District Judge, yavatmal. The learned Additipnal District Judge, Yavatmal upheld the findings of the trial Court and dismissed the appeal. Aggrieved by the decision, the applicant/tenant filed the aforesaid Civil Revision Application No. 402/2002.

(3.) BY order dated 16th August, 2002 this Court dismissed the revision. It was observed that the revision application challenges the concurrent orders and judgments passed by the courts below holding termination of tenancy of the applicant as legal and valid. It was held that no interference was called for in the revision as there was no jurisdictional error committed by any of the courts below.