1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 177/2010 (Kailash Kanhayalal Sharma VERSUS Jugalkishor Mangilal Chandak & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.C. Mehadia, counsel for the appellant. CORAM : SMT. VASANTI A. NAIK, J. DATE : JULY 5, 2010 . Heard. The appellant is the original defendant. A suit was filed by the respondents-plaintiffs for eviction and possession of the suit property. It was the case of the plaintiffs that the defendant was not vacating the suit property in spite of the requests of the plaintiffs and, therefore, the plaintiffs had to institute the suit after seeking the permission from the Rent Controller. The defendant denied the claim of the plaintiffs and pleaded that originally, the suit property was leased out to his grandfather. After the death of the grandfather, it is the case of the defendant, that he along with other family members became the joint tenants of the property and since the notice under Section 106 of the Transfer of Property Act is 2 not issued to all the joint tenants and is only issued to the defendant, the suit was liable to be dismissed. The trial as well as the first appellate Court, on a proper appreciation of the evidence on record, came to a conclusion that the notice issued by the plaintiffs to the defendant on 4th of June, 2001 under the provisions of Section 106 of the Transfer of Property Act was legal and valid and the plaintiffs were entitled to possession of the suit property subject to the decision of the High Court in Writ Petition No.3032/2002 filed by the tenant against the plaintiffs/landlords challenging the order passed by the Rent Controller. The findings recorded by both the Courts are pure findings of facts based on a proper appreciation of the evidence on record and the law on the issue. The findings do not give rise to any substantial question of law. The second appeal, therefore, fails and is dismissed with no order as to costs. JUDGE APTE