D.T. KHUSHALANI Vs. EKNATH NAGO CHAUDHARI

JUDGEMENT

(1.) Plaintiff filed suit for possession inter alia on the ground that the defendant had acquired suitable residence and that the plaintiff required the suit premises reasonably and bona fide for personal use and occupation. The trial Court decreed the suit. Defendant's appeal therefrom failed. Hence this petition.

(2.) Hearing rival submissions of the respective Counsel and going through the impugned judgments, I find therein no such error nor any question of law so as to warrant interference in this Court's limited and discretionary jurisdiction under Art. 227 of the Constitution. Both the Courts below have considered the relevant factors and circumstances. Evidence, oral and documentary, on record has also been carefully appreciated. Findings ultimately reached are, by and large, findings of fact based on appreciation of evidence. Inferences drawn are inferences of facts from facts. This is not a case for interference. This petition is, therefore, liable to be dismissed.

(3.) Mr. Agrawal, learned Counsel for the petitioner, however, submitted that the petitioner be granted reasonable time to vacate. Mr. Choudhari, learned Counsel for the respondents has no objection but subject to terms and conditions. The petitioner has filed in this Court affidavit to the following effect :