1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO. 3599/1997 Kishore Jairam Dhoke and another ..versus.. Sudhakar S. Tantrapale =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Mr. V.G.Bhamburkar, counsel for petitioner. None for respondent. C ORAM : K.U.CHANDIWAL, J. DATED : 16th AUGUST, 2010. P.C. Heard. Rule was issue don 19.3.1999 without any interim relief in favour of the petitioner/landlord. 2/- Learned counsel for the petitioner/landlord informs, the aftermath of several proceedings has ultimately culminated in tenant vacating the premises. The controversy now revolves about fair rent to be fixed in respect of premises occupied by the tenant. 3/- I have gone through the observations of the learned Rent Controller and that of Additional Collector, Amravati. The learned Authorities found that there was 2 nothing to reveal that the payment of rent paid by the tenant/respondent was insufficient and to involve interference in the fixation of fair rent.- It was found and not now controverted that the tenant has left the premises having occupied his own house. 4/- Taking these aspects into consideration, in the absence of any cogent and coherent evidence for fixation of fair rent, being so established by the landlord, before authorities, the discretion that has been exercised by both the Courts, need not be disturbed in writ jurisdiction, as it does not demonstrate any perversity or illegality in the approach of both the Authorities. 5/- Writ petition lacks merit. Dismissed. Rule discharged. No costs. (K.U.Chandiwal) JUDGE. Rvjalit