1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.440 OF 2009 WITH CIVIL APPLICATION NO.1358 OF 2009 Shri Jagnu Shivchand Chawan )..Appellant Vs Shri Mewalal Firodhan Pardeshi )..Respondent ---- Mr.Sandesh D.Patil for the appellant. Mr.P.M.Arjunwadkar for the respondent. ---- Coram : R.S.MOHITE,J Date : 5th January, 2010 PC 1 This is a Second Appeal filed by the original defendant impugning two concurrent judgments of eviction. The only ground that is agitated is that the plaintiff’s suit is filed beyond the period of limitation. The plaintiff’s case was that the defendant was in his service since 1980 to 1995 when his services was terminated. The suit was filed in the year 1999. On these pleadings the suit for recovery of possession is clearly within the period of limitation. It was then contended that according to the defendant he has ceased to serve the plaintiff in the year 1980. On perusing the plaintiff’s written statement and evidence, it is clear that according to him also, his user of the premises was permissive. It may be mentioned here that the present defendant has himself filed a suit in the year 1997 being R.C.Suit No.255 of 1997 for a declaration that he was a tenant. This suit was dismissed. 2 An appeal against the judgment of the trial Court is also dismissed and the High Court has also dismissed his Writ petition. In these circumstances, it has also been held that he was in unlawful possession. In my view the contention urged does not raise any substantial question of law. Second Appeal is therefore, dismissed. CIVIL APPLICATION NO.1358 OF 2009 As the Second Appeal is dismissed, this Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3