1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1248 OF 2011 (RAJEEV R. CHHHABRA...VS.. MAHENDRA L. JOSHI.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.Y. Waodkar, Advocate for Petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 14, 2011. Heard the learned counsel for the petitioner. On hearing the leaned counsel for the petitioner and on perusal of the pleadings as also the impugned order passed by the Small Causes Court on 11.01.2011 it appears that the Small Causes Court was perfectly justified in directing the petitioner to deposit the amount of Rs.1,20,000/- and the remaining amount of rent from 2010 onwards within a stipulated period. Though it was the case of the petitioner that the entire rent up to October, 2010 was paid by the petitioner to the respondent/ landlord, the Small Causes Court rightly considered that the tenant/ petitioner was in occupation of the suit premises since 03.01.2008 and till the date of filing of the present application in October, 2010, the petitioner was in occupation of the premises for 34 months. The Small Causes Court rightly held that the petitioner was not able to prove that he paid the monthly rent of Rs.10,000/-for 34 months, instead the Small Causes Court found that the petitioner had paid the amount of Rs.1,70,000/- by money orders and an amount of Rs.50,000/- was paid towards security and the same was adjusted by the landlord towards the rent for five months. The Small Causes Court rightly came to a conclusion, on perusal of the 2 documents on record that the petitioner/ tenant was liable to pay the rent of Rs.1,20,000/- from October, 2009 to October, 2010. The finding recorded by the Small Causes Court is based on a proper appreciation of the pleadings and the documents placed on record the same calls for no interference in exercise of the writ jurisdiction. In the result the writ petition fails and is dismissed with no order as to costs. JUDGE RR..