1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 817 OF 2007 Chandrakant Ganesh Mhatre ........Appellant versus Narayan Mahadeo Telavane ........ Respondent. Mr. C.S. Joshi for the Appellant CORAM: RANJIT V. MORE, J. DATED : 01st DECEMBER,2008. P.C.: 1. Heard Mr. Joshi learned counsel for the appellant. The appellant is the original plaintiff. His suit for declaration of respondent's status as tress-passer in the suit property and for recovery of its possession is dismissed by the trial court. The trial court's decree is confirmed by the lower appellate court in an appeal at the instance of appellant. Both the lower courts below concurrently held that the appellant failed to prove that the respondent is a tress-passer in the suit property. The tenancy was created in favour of Yeshwant, who was brother of respondent prior to the year 1956. It is the case of the respondent that he along with his mother is residing in suit premises since inception. In the year 1956 Yeshwant 2 shifted his residence to Almeda road. However present respondent along with his family and mother is residing in the suit premises. Both the courts on the basis of evidence on record concluded that the respondent along with his family members are residing in the suit premises since priorto 1956. The appreciation of evidence cannot be said to be perverse. No question of law much less substantial question of law is involved in this Second Appeal. Second Appeal is devoid of any merit and the same is accordingly dismissed. (R.V. More, J.)