JAYABAI D/O GANGADAS GOKALDAS Vs. HEMLATA HIRALAL

JUDGEMENT

(1.) RULE . By consent of parties, Rule made returnable forthwith and heard finally.

(2.) THIS is a tenants' petition filed under Article 227 of the Constitution of India challenging the judgment passed by the Appeal late Bench of the Small Causes Court at Bombay in Appeal No. 715 of 1985, on 27.11.1996. The appeal was filed by the petitioner -tenants against the judgment and decree passed by the Judge, Small Causes Court, Bombay, on 21.9.1985, in R.A.E. Suit No. 487 of 1977, filed by the respondant -landlords.

(3.) THE only contention that was urged before me by Shri Rane, learned Counsel for the defendant -petitioners is that during the pendency of the appeal before the Appellate Court, an affidavit was filed bringing on record certain developments relevant for the purpose of deciding the appeal. Shri Rane, relying on the judgment of the Supreme Court in the case of Ramesh Kumar v. Kesho Ram : AIR1992SC700 urged that in view of these subsequent developments, it was the duly of the Appellate Court to take additional evidence in the matter.