: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL REVISION APPLICATION NO.123 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.P.D. Dalvi for the Petitioner. Mr.P.M. Arjunwadkar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 21ST NOVEMBER, 2008. P.C. : 1. The concurrent findings of the Courts below do not warrant any interference. 2. Apart from the fact that the issue of non-payment of the rent is correctly decided in favour of the Respondent, it is pertinent to note that even the question of alternate accommodation has been satisfactorily dealt with by both the Courts below. 3. It is not disputed that the Petitioner/tenant has constructed a house consisting of four rooms in the said area. : 2 : In fact the Petitioner admitted the same in the cross-examination. The Petitioner’s contention was however that the property had been mortgaged. Both the Courts below observed that there was no evidence to establish the mortgage. The learned Judges were not inclined to accept the bare word of the Petitioner. I see no reason to interfere with their appreciation of the evidence. 4. It is not as if the judgments were based on the financial position of the Petitioner’s son being sound. These were only additional factors referred to by both the Courts below. 5. Nor do I see any reason to interfere on the question of comparative hardship. As far as the appreciation of facts is concerned, that aspect has been held in favour of the Respondent. 6. In the circumstances, the Civil Revision Application is dismissed. The time to vacate the premises is extended upto and inclusive of 28.2.2009 subject to : 3 : the Petitioner filing the usual undertaking on or before 31.12.2008.