Revansiddha Mallikarjun Yerate (Deceased) Thr. Lrs. / Representatives v. Ramchandra Mallikarjun Golsar

38 CRA-382-2018.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.382 OF 2018 by BHARAT DASHARATH PANDIT Date: 2022.10.21 18:20:41 +0530 Revansiddha Mallikarjun Yerate (deceased) Through its Legal Heirs/Representatives a) Rekha Sunil Rajmane and Others .... Applicants.

V/s Ramchandra Radhakisan Prabhu ..... Respondent.

Mr. Anand S. Kulkarni for the Applicants.

Mr. B.A. Lawate for the Respondent.

CORAM: NITIN W. SAMBRE, J.

DATE: OCTOBER 18, 2022 P.C.:- 1] Suit of the landlord being RCS No.531 of 2011 for possession of the suit premises and recovery of amount came to be dismissed vide judgment and order dated 16/4/2016 passed by Joint Civil Judge, Junior Division, Solapur.

Appeal carried by the present Applicant/landlord being RCA No.165 of 2016 was also dismissed on 19/1/2018. As such, this Revision.

2] Counsel for the Applicant/landlord would urge that case for eviction and possession was based on failure of non-applicant to pay rent of Rs 15,209/-. According to him, both the Courts below committed an error in not appreciating the issue of failure of the nonapplicant to clear the arrears. 1/2

38 CRA-382-2018.doc 3] In response to the Court's query, Counsel for the Applicant informs that suit premises are already collapsed being in dilapidated condition. Counsel for the Respondent reports no instructions in the matter.

4] I have considered the submissions.

5] Suit came to be dismissed in view of admission given by the Plaintiff in the evidence about receipt of rent so also deposit of the amount demonstrated by the non-applicant/tenant. There are concurrent findings recorded by both the courts below on the facts as regards payment of rent and failure of the Applicant to establish a case of failure to clear arrears of rent. That being so, no error of jurisdiction could be noticed in the orders impugned. Application as such fails and same stands dismissed.

( NITIN W. SAMBRE, J. ) 2/2