1 CRA 120/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 120 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. B.K. Raje for the applicant. Mr. S.G. Aras i/b Aras & Co. for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 13TH JANUARY 2011 P.C. : 1. Heard learned counsel for the parties. 2. This revision application is directed against an order passed by the appellate Bench of the Small Causes Court confirming the decree of eviction passed by the trial Court. 3. Though the trial Court had not passed the decree on the ground of default in payment of rent, the lower appellate court passed the 2 CRA 120/10 decree on the ground of default in payment of rent. Admittedly, the notice was served on the revision applicant by the respondent on 5th March 1980. The revision applicant paid the amount of rent on 6th May 1980 which is not within the period of one month from the date of receipt of the notice. As such, the revision applicant had committed default in payment of rent and had not paid the rent within a period of one month from the date of the notice. The finding recorded by the lower appellate court that the applicant was a defaulter is unimpeachable. No interference is called for in exercise of revisional jurisdiction. The revision application is rejected summarily. (D.G. KARNIK, J.)