Smt.Shevantabai Khanderao Ghorpade v. Mr.Keshav Padmanabh Acharya

cra-186.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.186 OF 2014 Smt. Shevantabai Khanderao Ghorpade : Applicant.

Versus

Keshav Padmanabh Acharya : Respondent.

Mr. K P Mali for the Applicant.

Mr. Naveen Joshi for the Respondent.

CORAM :

R. M. SAVANT, J.

DATE :

17th November 2015 P.C.

There is a concurrent finding recorded by both the Courts below on the aspect of Applicant not being the landlady of the premises in question and therefore impinging upon the locus standi of the Applicant to file the suit in question. Both the Courts below have concurrently recorded a finding that the Respondent-Tenant has from time to time paid the rent to the brother-inlaw of the applicant Shri Ashok Haribhau Ghorpade and therefore eviction on the ground of arrears of rent cannot be granted. The learned counsel appearing on behalf of the Applicant now seeks to tender compilation of documents on which the Applicant seeks to rely to buttress her case that the Applicant in fact is the landlady of the premises in question. The learned counsel appearing on behalf of the Respondent Tenant Shri Joshi objects to the compilation being taken on record on the ground that lgc

cra-186.14 the same does not form part of the record in the Courts below. The learned counsel appearing for the Applicant Shri Mali fairly concedes to the said position. In view of the fact that the documents which are now the part of the compilation which is now sought to be tendered are not the part of the record of the Courts below, they cannot be looked into. In the light of the concurrent orders passed by both the Courts below on the aspect which has been mentioned herein above, no case for interference in the revisionary jurisdiction is made out. The above Civil Revision Application is accordingly dismissed. [R.M.SAVANT, J] lgc