SULA KARAPURKAR Vs. PASCOAL BAPTISTA

JUDGEMENT

(1.) Heard Mr. V. Thali, learned counsel for the Appellants and Mr. Sudin Usgaonkar, learned Senior Advocate alongwith Ms. V. Palyekar, learned Advocate for the Respondent.

(2.) The challenge in this Letters Patent Appeal is to the judgment and order dated 21.02.2013, made by the learned Single Judge of this Court refusing to interfere with the judgment and order dated 20.01.2010 made by the Administrative Tribunal holding that a prima facie landlord tenant relationship has been established between the parties and, therefore, the matter could proceed for further inquiry before the Rent Controller.

(3.) Mr. Thali, learned counsel for the Appellants submits that once the Tribunal or the learned Single Judge has held that there is a landlord tenant relationship established, the Appellants might be precluded from persuading the Rent Controller that no such relationship is in fact existing. He submits that there was really no legal material available on record to sustain the findings of existence of landlord tenant relationship. He submits that the finding in this regard is clearly perverse and, therefore, this Letters Patent Appeal ought to be entertained.