IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.118 OF 2008 Abdul Karim Mehboob Shaikh )..Appellant Versus Smt.Bhagirati @ Pavanabai Gangaram) Pandit & Ors. )..Respondents ---- Mr.Shrishail Sakhare for the appellant. Mr.Arun Palekar for respondent nos.1, 1B, 1C, 1D, 2 & 3. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 13.6.2008. PC 1. This is a Second Appeal filed by the original plaintiff for recovery of rent and possession. According to the plaintiff, on 29.10.1977 he purchased the house from defendant for consideration of Rs.1000/-. That in the year 1980, he went to Pune in search of work. It was his case that at that time, he gave the premises on rent to defendant nos.1 to 3. The tenancy was oral and monthly rent was fixed at Rs.15/- per month. He returned back after 15 years and then issued a notice dated 27.6.1996 for collection of arrears of rent. Rent was not collected. Both the Courts have consistently held that alleged oral tenancy is not proved. This is only a question of fact. The counter claim made by the defendant claiming adverse : 2 : possession is also allowed by both the Courts on the footing that plaintiff himself has admitted in the plaint that he returned back in the village after 15 years. Admittedly, there is no evidence to indicate that any rent was demanded for 15 years. In this view of the matter, there is no substantial questions of law involved in this Appeal. Second Appeal stands dismissed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)