1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.79 OF 2010 WITH CIVIL APPLICATION NO.1097 OF 2009 Shri Bhimrao Laxman Shinde )..Appellant Vs. Smt. Vimalbai Hiraman Gangurde & Ors. )..Respondents ---- Mr. Prashant D.Patil for the appellant. Mr. G.R.Agrawal for the respondent nos.1 to 4. ---- Coram : R.S.MOHITE,J Date : 15th February, 2010 PC SECOND APPEAL NO.79 OF 2010 1 This is a Second Appeal filed by the original plaintiff who had filed a suit for injunction claiming that he was a tenant of one Bhima who expired on 14.4.1987. The present respondent no.1 who is the widow of the deceased son of Bhima by name Hiraman filed a counter claim seeking possession. It was her case that her husband Hiraman was staying in Bombay and though the plaintiff was in possession, he had never granted any tenancy rights. Both the Courts have concluded that tenancy right of the plaintiff was not established. Since the plaintiff himself came with the case that he was tenant of Bhima, the license if any, expired after the death of Bhima. In the circumstances, the dispute turns entirely on facts and the two Courts have held that plaintiff was failed to prove his tenancy. 2 In the circumstances, there is no substantial question of law involved in this Appeal. Therefore, Second Appeal is summarily dismissed. CIVIL APPLICATION NO.1097 OF 2009 As the main appeal has been dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3