1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No.306 of 2011 Gulabrao s/o Mahadeorao Lad -Versus- Prabhakar s/o Narayan Makode (dead) through L.Rs. Smt. Kusumtai Prabhakar Makode & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's or Judge's orders Court's orders of directions and Registrar's orders Mr.D.G. Paunikar, Adv. for the appellants. CORAM : A.B. CHAUDHARI, J. DATE : 17.08. 2011 . Heard. There is a concurrent finding of the fact recorded by the Courts below that the appellant defendant failed to prove that he was the tenant in the suit house property owned by the respondent. As a consequence of said finding of the fact recorded by the courts below, they returned a finding that the appellant was a trespasser. If the appellant was a trespasser, there was no need to issue any notice under section 106 of the Transfer of Property Act for eviction. As there is a concurrent finding of fact, I do not find any error with the courts below in decreeing the suit. In the result, I do not find any merit in the second appeal. It is dismissed with no order as to costs. JUDGE Hirekhan