1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5262 OF 2009 (Narayan Tukaram Shinde vs. Purushottam Metharam Motwani) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 10, 2010. Heard Shri Chauhan, learned counsel for the petitioner and Shri Khandewale, learned counsel for the respondent. The petitioner – landlord wanted suit shop for establishing his grand sons. The trial Court granted him decree on account of bonafide need. The appellate Court has reversed it after noticing that two adjacent shop blocks were lying vacant. Shri Chauhan, learned counsel states that this finding that two shop blocks were lying vacant is based upon only on photographs placed on record by the respondent – tenant. He further states that the appreciation of evidence which shows that grand sons were not genuinely requiring the premises is perverse. Shri Khandewale, learned counsel, on the other hand states that the plea that two adjacent shop blocks were lying vacant has come in written statement and accordingly tenant has deposed. The petitioner landlord has not entered the 2 witness box. His Power of Attorney (son) has deposed about the need. However, that by itself cannot be held to be fatal to his case but then the fact remains that the tenant came up with defence that two adjacent shop blocks were lying vacant. The petitioner has not produced on record anything to show that shop blocks were occupied by somebody else and were not available to him. If the shop blocks were occupied by somebody else and were not available with the petitioner – landlord, the positive evidence in that respect would be available with him. The burden, therefore, was upon him to explain the availability or non-availability of those two shop blocks. The tenant could not have examined any person to bring on record the fact that the shop blocks were vacant. The tenant has discharged burden upon him by examining himself and producing photographs. As finding of two shop blocks lying vacant is based upon evidence, the same cannot be labeled as erroneous or perverse. No case is made out warranting any interference in writ jurisdiction. Writ Petition is dismissed. No order as to costs. JUDGE *GS.