(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Writ Petition No. 2190 of 2009 1. Eqbal s/o. Haji Yousuf, .. Petitioners 2. Raheem s/o. Haji Yousuf. (Original defendants) versus Ayubkhan s/o. Ghisse Khan. .. Respondent (Original plaintiff) .................. Mr. P.G. Gunale, Advocate, for the petitioners. Mr. S.R. Bagal, Advocate, for the respondent. .................. CORAM : B.R. GAVAI, J. DATE : 7TH JULY 2009. COURT’S ORDER : 1. By way of present petition, the petitioners have challenged the concurrent findings of fact arrived at by the trial court and the appellate court i.e. order dated 31st October 2006, passed by the learned Civil Judge (Junior Division), Selu, in Regular Civil Suit No. 36/2002, thereby decreeing the suit filed by the respondent for eviction and possession, and the judgment and order dated 12th December 2008, (2) passed by the learned District Judge-1, Parbhani, in Regular Civil Appeal No. 159/2006, thereby dismissing the appeal filed by the present petitioners. 2. It was the contention of the respondent landlord, that the petitioners were in arrears of rent. It has been found that though the earlier suit filed by the landlord for recovery of rent i.e. Regular Civil Suit No. 26/2001 was decreed, the petitioners had not paid the rent since 1999. Both the courts below have concurrently held that the tenant had failed to pay any amount towards arrears of rent during the pendency of the suit or within 90 days from the date of receipt of suit summons. 3. The scope of interference into concurrent findings of fact is very limited. Unless perversity or impossibility is found with the approach adopted by the courts below, it would not be appropriate for this court to interfere in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. No perversity could be noticed in the approach adopted by the courts below, so as to warrant interference. 4. Petition is, therefore, dismissed. ( B.R. GAVAI ) JUDGE ...................... bgp/wp2190