: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.470 OF 2009 Tanaji Ravji Gurav, Decd., Thru’ Manohar Tanaji Gurav & Ors. .. Applicants V/s. R.P. Salvi, Decd., Thru’ Hon’ble Secretary, The Bombay Diocessan Trust Association Ltd. & Ors. .. Respondents Mr. B.K. Raje for the Applicants. Ms. Rekha Shukla for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 30 TH NOVEMBER, 2009. P.C.: 1. The Appellate Court of the Small Causes Court, Mumbai, by its order dated 13th October, 2008 has allowed the Appeal No.465 of 2003 filed by the landlord in respect of the decree passed by the trial Court in R.A.D. Suit No.1684 of 1984. The Appellate Court has reversed the finding of the trial Court that the applicant was a tenant of the suit premises. The trial Court had observed that it was for the defendants, i.e. the respondents herein, to disprove the plaintiffs’ contentions : 2 : that their predecessor Tanaji Ravji Gurav was a monthly tenant in the suit premises. The Appellate Court has held that the plaintiffs have not proved their case that they were monthly tenants and has observed that Tanaji Ravji Gurav was permitted to reside in the premises since he was working as a “Gardner” in the Church i.e. respondent No.3. Tanaji Ravji Gurav died some time ago after his services came to an end. 2. In my opinion, the Appellate Court has rightly held that the burden was passed on the defendants rather than plaintiffs to prove that they were tenants of the defendants. The Appellate Court has found that there were no documents indicating that rent was being paid by the appellants and, therefore, has dismissed the Suit. In my opinion, there is no need to defer with the findings of the Appellate Court. 3. The learned Advocate for the applicants states that they are in occupation of three rooms from 1987 and, therefore, two years should be granted to : 3 : them to vacate the suit premises. In my opinion, this is an unreasonable period sought by the learned Advocate for the applicants. The applicants shall vacate the suit premises on or before 31st May, 2010 on condition that the usual undertaking is furnished to this Court by all the adult persons residing in the suit premises within a period of two weeks from today. 4. The Civil Revision Application is disposed of. .......