1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 397 OF 2009 Dayanand K.Shetty. ..Applicant. Vs. Yusuf A. Arsiwala and others. ..Respondents. Mr.A. M. Pungliya for the Applicant. Mr. A.N. Nasikwatta for the Respondents. CORAM : R.S. MOHITE, J. DATE : 18TH AUGUST, 2009 PC : 1. This is a revision application filed by the original plaintiffs against the concurrent judgments and decrees passed by the two lower courts. The plaintiffs had filed a suit for eviction against the tenants on several grounds. It was decreed by the trial court on three grounds but the appellate court has confirmed the decree only on the ground of illegal subletting. The present application is filed by the sub tenant. The original tenant was defendant No.1. In the suit, he 2 filed his written statement but thereafter did not take any further steps. As far as present applicant who was alleged sub-tenant he had filed his written statement in which he contended that the original tenant had surrendered his tenancy in the year 1977 and at the same time fresh tenancy was created by the plaintiff No.5 directly in his favour. In the written statement, reference was made regarding payment of advance rent. However, admittedly, no such receipt has been produced by way of evidence. The lower courts have observed that there is no evidence regarding the creation of such direct tenancy. In the circumstances, decree for eviction on the ground of illegal sub letting has been passed. I find no legal fault with the impugned judgments and decrees and hence, revision application is rejected. 2. At this stage, the applicant seeks stay of the impugned judgments and decrees passed by the two lower courts particularly, since the stay was granted and was operative till yesterday. In this 3 view of the matter, impugned judgments and decrees will be not be executed for a period of 90 days from today subject to the applicant filing an usual undertaking in this court within a period of one week from today. Civil Revision Application stands disposed off. (R.S. MOHITE, J.)