LAWS(BOM)-2005-6-92

SUBHADRABAI SHANKAR RAUT Vs. MANOHAR BALIRAM BHAVSAR

Decided On June 22, 2005
SUBHADRABAI SHANKAR RAUT Appellant
V/S
MANOHAR BALIRAM BHAVSAR Respondents

JUDGEMENT

(1.) THE Petitioners are landlords. The respondent is tenant. Pursuant to their relationship of landlord and tenant, petitioners filed suit No. 710 of 1982 in the Small Causes Court, Pune (for short "trial Court") on 5th April, 1982, for possession of the suit premises on the grounds of arrears of rent and acquisition of suitable accommodation. It was resisted. The evidence was led by the parties. The Trial Court, after considering the material on the record, by its judgment and order dated 23rd August, 1985, dismissed the Suit. The Additional District Judge, Pune (for short "appellate Court"), by judgment and order dated 14th October, 1991, in the Appeal filed by the petitioner, confirmed the said order of dismissal of the suit. An application Exhibit-25 dated 4th October, 1991, which was moved by the petitioners-landlords to bring additional material on the record, was also dismissed before the impugned judgment came to be passed. Petitioners, therefore, have preferred the present Writ Petition.

(2.) HEARD Mr. Mahesh Subramanium, learned counsel for the petitioners-landlords and Mr. G. M. Khembete, learned counsel for the respondent.

(3.) AFTER going through the reasoning given by the Courts below, and after perusal of those reasoning with the assistance of the learned counsel appearing for the parties, I see there is no case made out by the petitioners-landlords to interfere with the views taken by the Courts below. The reasoning given appears to be within the framework of law and the record.