SHAMLAL SUKLAL SHARMA Vs. RAMLAL SUKLAL SHARMA

JUDGEMENT

(1.) BY this petition filed under Article 227 of the Constitution of India, the petitioner challenges the order dated 29.9.1983 passed by the Joint Judge, Thane, in Civil Appeal No.11/1982. That appeal was filed by the present respondent No.2 challenging the judgment and decree dated 19.12.1981 passed by the Civil Judge, Junior Division, Ulhasnagar, in Regular Civil Suit No.275/1978. That civil suit was filed by the present petitioner claiming therein that he is owner of Plot Nos.22 and 23 situate at Ambernath and that the shop on Plot No.23 was let out by him to the defendant No.1 It was claimed that the defendant No.1 who, admittedly, is the real brother of the plaintiff-petitioner, has illegally sublet the shop to the defendant No.2. Therefore, a decree of eviction was claimed against defendants 1 and 2. Defendant No.2, by his written statement, disputed that the petitioner is the landlord and owner of the suit premises. The trial Court by its judgment dated 19.12.1981 held that the plaintiff had proved that he is owner and landlord of the suit premises and decreed the suit directing eviction of defendant Nos.1 and

(2.) IN the appeal filed by defendant No.2, the appellate Court reappreciated the evidence on record and found that the plaintiff had not produced any document on record to show that he is owner of the suit premises. The appellate Court therefore held that the plaintiff had failed to prove that the relationship of landlord and tenant existed between the plaintiff and the defendant No.2. The appellate Court in the result allowed the appeal and dismissed the suit. It is this judgment of the appellate Court which is impugned in this petition.

(3.) IN the result, therefore, the petition fails and is dismissed. Rule discharged with no order as to costs.