Rupchand Bhaulal Kasliwal And Others v. Rajesh Surajmal Dakale

wp11014.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 11014 OF 2015 Rupchand s/o bhaulal Kasliwal & others .. PETITIONERS

VERSUS

Rajesh s/o Surajmal Dakale .. RESPONDENT Mr. V.S. Barde, advocate for petitioners.

===== CORAM : R.M. BORDE, J.

DATE : 19th JANUARY, 2016.

PER COURT :

1.

Application tendered by petitioners for reference of the matter for determination of standard rent has been turned down by the Jt. Civil Judge, Junior Division, Shrirampur, by order dated 20.10.2005 and, an appeal presented against said order has also been dismissed by the District Judge - 1, Shrirampur on 27.02.2015.

2.

It is not a matter of dispute that in the earlier round of litigation, petitioners are held to be the licensee and their defence that they were the tenants of the disputed premises is not accepted by the trial Court. Finding as regards petitioners being licensee has attained finality. In this view of the matter, no fault can be found with the trial Court in rejecting the application tendered by petitioners for fixation of standard rent. Writ petition is devoid of substance hence stands rejected. ( R. M. BORDE ) JUDGE dyb