1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2890 OF 2009 Anwar Abdul Kadar Motiwala. ..Petitioner. V/s. Iqbal Ishak Sharif. ..Respondent. Mr.Hatim Salim A.R. for Petitioner. Mr.S.Nagradalia for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 19, 2009. DATE : MARCH 19, 2009. DATE : MARCH 19, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. No fault can be found with the view taken by the Courts below in directing the Petitioner to pay monthly compensation in respect of suit premises. The Courts below have found that the Petitioner had paid sum of Rs.3,000/- per month in the past for about three months. There is no record produced before this Court to counter this position. It was the case of the Petitioner that he has already purchased the suit premises for a sum of Rs.80,000/-. However, the Courts below have found as of fact that no document has been produced by the Petitioner to substantiate that position. The argument of the 2 Petitioner that Section 145 proceedings in respect of suit premises were initiated and evidence recorded therein, is of no consequence while deciding the present matter. The present suit is filed by the Plaintiff claiming to be the owner of the premises and asserting that the Petitioner was inducted in the suit premises as licensee on compensation of Rs.3,000/- per month. Inspite of this finding, the Appellate Court has showed indulgence to the Petitioner by reducing the amount of compensation to Rs.1500/- p.m. to be paid by the Petitioner. No further indulgence can be shown in the fact situation of the present case. 3. No other question arises for consideration in this Petition. Hence Petition is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)