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 CIVIL CIVIL CIVIL REVISION APPLICATION NO. 353 OF 2008 REVISION APPLICATION NO. 353 OF 2008 REVISION APPLICATION NO. 353 OF 2008 Shri Shankarlal Sonpal Gupta ..Petitioner V/s. Mrs. Shaila Kiran Doshi & Anr. .. Respondents Shri Rajesh Patil for the Petitioner Shri Dharmendra M. Joshi for the Respondents CORAM : S.J. VAZIFDAR, J. DATED : 5TH JUNE, 2008. P.C. : . I am not inclined to interfere with the concurrent findings of the Courts below, in the question of bona-fide requirement and on the question of non-user. 2. On the question of non-user, the lower Appellate Court has held that for the years 1996-2001, the premises had not been in use. In respect thereof, the electricity bills were relied upon. The contention raised on behalf of the Petitioner-tenant is that the tenant who had vacated the premises had not paid the electricity bills and that he was, therefore, perusing the matter with the concerned department. The contention was not accepted. The contention in this respect, required an appreciation of the evidence. I am unable to state that the findings of the Court below are perverse in any manner. 3. On the question of bona-fide requirement, an application was made before the Appellate Court of the Small Causes Court for adducing additional evidence. The affidavit was in fact, considered by the Appellate Court. The Appellate Court, however, come to the conclusion that further oral evidence was not required. 4. The learned counsel appearing on behalf of the petitioner relied upon Exhibit ’2’ of the affidavit and the Respondent’s affidavit-in-reply to the application for leading additional evidence. Consent terms had been field in an R.A.E. Suit No. 568/988 to 2002 filed by the respondent against another tenant in respect of other premises. The suit was compromised in the following terms :- "1. The plaintiffs hereby withdrawn the above suit filed by them against the Defendant in respect of suit premises, viz. Shop Nos. 8 and 9 on the ground floor of Patel Building, situated on the plot of land bearing C.T.S.Nos.1138, 1138/1, to 1138/22 of the Mulund situated at the Junction of M.G. Road and Ganesh Gawade Road, Mulund (West), Mumbai-400 080. 2. The plaintiffs agree to transfer the tenancy in respect of the suit premises in favour of any third party, at the request of the Defendant herein, without any transfer charges or premium. The Plaintiffs agree for the said covenant for the period of five years from the date of the filing of this Consent Terms. If the defendant would not transfer the tenancy in respect of suit premises then in that event she would continue to be the tenant in respect of suit premises. 3. Suit allowed to be withdrawn. Dismissed. No order as to costs. 4. Money deposited by the Defendant for rent in Court upto date to be paid to the Plaintiffs." 5. I am not inclined to interfere with the findings of the Appellate Court that the consent terms do not militate against the case of bona-fide requirement. It is clear from the consent terms that the possession was in fact was not obtained. This was essentially an agreement to permit the defendants to transfer the tenancy. 6. It was contended that the matter ought to be remanded to enable the Petitioner to lead additional evidence. 7. However, the consent terms are clear. It is not clarified as to what aspect pertaining to the consent terms requires further evidence. The consent terms alone have been relied upon, which speak for themselves. In these circumstances, I am not inclined to remand the matter. 8. In the circumstances, the Civil Revision Application is dismissed. However, the time to vacate the premises is extended upto 30th October, 2008 subject to the petitioner filing an affidavit the usual undertaking within 4 weeks including of handing over quite, vacant and peaceful possession subject to any order of the Supreme Court.