Smt. Kantabai Wd/O Lalsingh Pusam And Others v. Shri Devendrabhai S/O Kalyanjibhai Jasani And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Second Appeal No.134 of 2019 [Smt. Kantabai Lalsing Pusam & others Vs. Shri Devendrabhai Kalyanibhai Jasani & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. E. S. Sahastrabuddhe, Adv., for the Appellants. Mr. S. S. Sitani, Adv., for respondent nos. 2 and 3. ----

CORAM

:

V. M. DESHPANDE, J.

DATE :

11th June, 2019 Heard Shri E. S. Sahastrabuddhe, learned counsel for the appellants and Shri S. S. Sitani, learned learned counsel for respondent nos. 2 and 3.

According to the learned counsel for the appellants, the appellants are the tenants and not the gratuitous licensees, as pleaded by the respondents. Decree is passed by the Court below. Since the appellants are taking a stand that they are the tenants, the present Second Appeal is not maintainable. It is accordingly dismissed.

Needless to mention that other remedies available to the appellants are kept open.

Shri Sitani, learned counsel for respondent nos. 2 and 3, is relieved of his earlier statement made before this Court.

Judge |hedau|