Jayaram Damomal Chandnani vs Ramrao Sadashiv Kharat
2023 Latest Caselaw 10934 Bom

                                     1                      35-CRA.44-18.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                               35 CRA NO.44 OF 2018

                        JAYARAM DAMOMAL CHANDNANI
                                  VERSUS
                          RAMRAO SADASHIV KHARAT

                                      ...
          Advocate for Petitioners : Ms. Deshmukh Charuta Sunil.
                                      ...

                                   CORAM :   S. G. MEHARE, J.

                                   DATE :    20.10.2023

     PER COURT :-

1. Heard the learned counsel for the applicant.

2. The suit was filed by the tenant for injunction. The

applicant had filed a counter claim for eviction on the grounds

of default in payment of rent and non user of the suit premises.

The counter claim of the applicant/landlord was dismissed, as

he could not prove the non user of the suit premises and

default in payment of the rent.

3. Learned counsel for the applicant would submit that the

First Appellate Court instead of discussing the evidence on non

user of suit premises has erroneously discussed about alternate

accommodation which was not the ground for eviction. It is

glaring mistake in the impugned Judgment and decree of the

2 35-CRA.44-18.odt

Appellate Court. She would further argue that the

documentary evidence has not been properly considered and

illegal inference has been drawn that the document does not

prove that the suit premises is non used.

4. Perused the impugned judgments and orders. There

appears grounds for entertaining the revision application. The

dispute is old. It may be decided soon after the appearance of

the respondent. Hence, issue notice before admission to the

respondent, returnable on 17.01.2024.

(S. G. MEHARE, J.)

...

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