wp4699.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.4699/2011 Ansilee Vakayil Verghese -vs- Ravi Prakash Mohanrao Jangade ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Masoof Shareef, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : 21.09.2011. Heard. The petitioner is challenging the two concurrent judgments passed by the trial and the first appellate Courts dismissing the claim of the plaintiff for possession of the tenanted premises from the defendant/respondent. It is not in dispute that the premises in which the petitioner was residing as tenant had been demolished by the Nagpur Municipal Corporation as there was no sanction for the construction of a part of it. It was the claim of the petitioner that even after the said demolition, the tenancy of the petitioner continued and it did not come to an end. The petitioner therefore sought possession of the tenanted premises. Both the Courts on a proper appreciation of the evidence on record came to a conclusion that the lease did not continue after the destruction of the property. The Courts wp4699.11.odt 2/2 considered the law laid down by the Hon’ble Supreme Court while deciding the issue against the petitioner. The findings recorded by both the Courts call for no interference as in the instant case the suit premises were not willfully demolished by the respondent landlord and were demolished at the instance of the Nagpur Municipal Corporation as a part of the construction was unauthorized. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE KHUNTE