1 W.P.No.3482 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.3482 OF 2011 Laxman Tamma Suryawanshi ..PETITIONER VERSUS Manohar Tamanna Suryawanshi and anr. ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioner; Mr V.R. Jain, Advocate for respondent no.1; Mr S.Y. Patil, Advocate for respondent no.2 CORAM : S.S. SHINDE, J. DATE : 2nd December, 2011 PER COURT : Heard learned Counsel for the petitioner and learned Counsel for the respondents. 2. Counsel for the petitioner submits that the claim of the petitioner that he is tenant of the disputed property from 1992-93 came to be disputed by the respondents herein. Therefore, the petitioner herein insisted the Court to frame the specific issue about the tenancy. However, the Trial Court, without looking to the documents placed on record, rejected the prayer of the petitioner. Hence this petition. 2 W.P.No.3482 of 2010 3. On the other hand, Counsel appearing for the respondents would submit that no any convincing document was placed on record so as to come to the conclusion that the petitioner is tenant of the suit property. 4. Upon hearing Counsel for the parties and upon perusal of reasons recorded in paragraph no.4, it appears that the documents which were submitted by the petitioner indicate that the suit property is in possession of the plaintiff on the basis of "Batai patra" and said agreement is for limited purpose. 5. When the learned Counsel appearing for the petitioner is confronted that what other documents were placed on record to show his tenancy, he is not able to indicate any other document in support of contention of the petitioner that he is tenant of the said property from 1992-93. Therefore, in my opinion, to interfere in the impugned order is wholly unwarranted. The view taken by the Trial Court is reasonable and does not appear to be perverse. However, it would be open for the petitioner to argue the said point at the time of final hearing of the suit. Petition stands rejected. (S.S. SHINDE, J.) amj/wp3482.11