: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.85 OF 2008 Mr.Gopal Madhav Joshi ..Applicants. Vs. Mrs.Vijaya Gajanan Gadre & Ors...Respondents. Mr.Uday Warunjikar for the Applicants. None for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 25TH JUNE, 2008 DATED : 25TH JUNE, 2008 DATED : 25TH JUNE, 2008 P.C. : P.C. : P.C. : No interference with the concurrent findings of both the lower Courts is called for. Both the Courts have considered the pleadings and the evidence satisfactorily. 2. The original Defendant had contended in the Writ Petition that the tenancy had been obtained on behalf of ‘Ayurvedic Aushadhi Bhandar’ and not in his individual capacity. By an application for amendment, the present Applicants i.e. the heirs of the original Defendant sought to contend that the tenancy has actually been taken by the original Defendant in his individual capacity and not on behalf of ‘Ayurvedic Aushadhi Bhandar’. The lower Appellate Court rightly rejected the application for : 2 : amendment inter-alia on the ground that it sets up a contrary and inconsistent case. Further, there is nothing to indicate the Applicants personal knowledge of the averments on these facts. 3. In the circumstances, the Civil Revision Application is dismissed. The time to vacate the premises is granted up to 31st December, 2008 subject to the Applicants filing the usual undertaking within four weeks from today in this Court including that in the event of the Applicants not succeeding before the Supreme Court, they will comply with the decree including by handing over vacant and peaceful possession of the premises. ***