1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.485 OF 2009 Kasturi Ramchandra Tayade and ors. ..Applicants. Vs. Mahendra P. Sadh and ors. ..Respondents. Mr.P.N. Havnur i/by Santosh Shetye for the Applicants. Mr.Shravan Kumar Vyas for the Respondent No.4. CORAM : R.S. MOHITE, J. DATE : 14/10/2009 PC : 1 This is an revision application filed by the original defendant tenant impugning two concurrent decrees of eviction passed by the trial courts. On perusing the record, it is seen that the decrees have been passed on the ground of erecting permanent constructions without the permission of the landlord. This aspect of the matter is a question of fact and cannot be re-agitated in the revision application. I have also perused the findings of both the lower courts 2 and there are cogent grounds given to indicate that the alleged constructions were erected and the height of the suit premises was raised without obtaining the prior permission of the landlord. On perusing the written statement itself, it is evident that the defendant himself has contended that the permission given by the plaintiff s son did not permit him to construct the loft. Reliance has placed by the appeal court on the letter written by the tenant himself on 12.7.1985 which sought permission for tenantable repairs. In the circumstances, it is not possible to interfere in the impugned decrees and hence, this application is rejected. 2 At this stage, the learned advocate for the applicant states that he would like to challenge this order in the Apex Court. In the circumstances, subject to the applicant and all other adult members of the family residing in the suit premises filing an undertaking in this court, on or before 6.11.2009, 3 stating that they alone are in possession of the suit premises and they will not create any third party right or part with possession of the suit premises, decree will not be executed for a period of four months from today. ( R.S.MOHITE, J. )