Criminal Revision Application dismissed as no case for interference was made out regarding eviction. Decree execution stayed for 12 weeks. Rent deposit withdrawn.
Decree execution stayed for 12 weeks. Rent deposited by respondents permitted to be withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.437 OF 2009
Ram Narayan Singh
V/s.
Aziza Mohammed Patanwala & Ors.
.. Applicant
.. Respondents
Mr. Y.S. Jahagirdar, Sr. Advocate, i/b.
Ms. Jyoti Jethwa for the Applicant.
Mr. Shravan M. Vyas for Respondent
Nos.1 to 4.
CORAM :SMT. NISHITA MHATRE, J.
DATED :18TH DECEMBER, 2009.
P.C.:
1.Both the Courts below had held concurrently
that the applicant is not entitled to continue in
the suit premises. The Suit was filed for eviction
on the ground of non payment of rent and that the
applicant was a defaulter. The other ground was on
account of the fact that the applicant had not
accepted the relationship of landlord and tenant
between the respondents and himself.
2.Both the Courts below have found that the
relationship of landlord and tenant existed in view
of the letter of attornment which on evidence is
found to have been received by the applicant. The
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Courts below have also considered the fact that the
theory that the applicant had purchased the suit
premises was not established. The Courts have
observed that the correspondence which ensued
between the applicant and the respondents did not
contain any reference to this fact. As regards
default in payment of rent, the Courts below have
concurrently held that the applicant had not paid
rent after receiving the suit notice of demand
dated 29th October, 1998. In my view, no case for
interference has been made out.
3. The Civil Revision Application is dismissed.
4.On the application made by the learned Advocate
for the applicant, the decree shall not be executed
for a period of twelve weeks from today on the
usual undertaking being submitted by the applicant
and all adults residing in the suit premises to
this Court within a period of three weeks from
today.
5.The respondents are permitted to withdraw the
rent which has been deposited in this Court.
2 issues framed by the court
Whether the High Court ought to interfere being no case made out.
Whether the decree should be executed immediately.
Ram Narayan Singh
Aziza Mohammed Patanwala
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court