dgm gm gm 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 WRIT WRIT WRIT PETITION NO.901 OF 1997 PETITION NO.901 OF 1997 PETITION NO.901 OF 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.G.V.Limaye for the Petitioners. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 15th October, 2008. : 15th October, 2008. : 15th October, 2008. P.C. P.C. P.C. This is a landlord’s petition for recovery of possession of suit premises for necessary repair. Both the Courts, after considering the material placed on record including the evidence of rival parties, concurrently held that the landlord/plaintiff failed to prove that defendant is not paying the rent of suit premises and he is a defaulter; premises, if necessary to be repaired; not a validly terminated the premises and, therefore, not entitled for possession as prayed. However, granted permission to recover Rs.675/- towards suit premises. This concurrent finding, ( 2 ) in view of the reasoning given by the courts below, need no interference. The petition is therefore dismissed. However, liberty is granted to the landlord to take steps and/or to initiate proceedings in accordance with law. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]