bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL REVN. APPLICATION NO. 244 OF 2007 REVN. APPLICATION NO. 244 OF 2007 REVN. APPLICATION NO. 244 OF 2007 Khodaram Hormazd Irani ... Petitioner v/s 1. M/s.S.Chand & Co. Ltd. & ors. ... Respondents Mr.C.G.Garnekar for the petitioner. Mr.Nitin Deshpande i/by M.M.Vaidya for the Resp.No.1. Mr.P.S.Dani for the Resp.No.4. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 25TH JULY, 2008 25TH JULY, 2008 25TH JULY, 2008 P.C. P.C. P.C.: 1. The application is filed against the judgment and order of the Small Causes Court by the applicant. 2. Both the Courts below have concurrently held that the applicant is not a tenant and, therefore, dismissed the declaratory suit filed by them. The applicant’s case that he was the legal heir of one Meherwan K. Irani has not been accepted by both the Courts below. His contention that he was conducting the business with Meherwan K. Irani has been disbelieved by the Court. Consequently, his claim for tenancy has not been accepted by the courts below. In fact the applicant has 2 in his evidence admitted that in 1984 when he opened a bank account with one Kashimira K.Irani, he had stated that he was in service and the address mentioned was of Kohinoor Restaurant i.e. the suit premises. Obviously, therefore, if he was in service as disclosed to the Bank, he could not have been conducting the business as claimed by him from 1972 when M.K.Irani migrated to Iran. Further more, all licenses and permits, etc., are continued to be in the name of M.K.Irani and, therefore, the Courts below have rightly disbelieved the applicant’s case. 3. I see no reason to interfere with the concurrent findings of fact. 4. Civil revision application stands rejected.