Mpt CRA No.127/11 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL REVISION APPLICATION NO.127 of 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.S.S. Kulkarni for the applicant. Mr.S.M.Railkar for the respondents CORAM : D.G. KARNIK, J DATE : 24th February 2011 P.C. : 1. Heard learned counsel for the parties. 2. The revision application is directed against the decree for eviction concurrently passed by the two courts below in favour of the respondent landlord. 3. The respondent landlord is in possession of 200 sq.ft on the first floor and 180 sq.ft as an attic. According to the learned counsel for the applicant, even the attic is used as residence. Even if the contention is accepted, total area of the premises available with the landlord for his residence is 380 sq.ft only. There are 10 members in the family of the respondent. Considering this, the concurrent finding recorded by the two courts that the respondent requires the premises reasonably and bonafide for his own use and occupation is not only a possible but an eminently preponderant finding of fact and requires no interference in exercise of a revisional jurisdiction. 4. The finding of hardship has also been recorded by the two courts below against the applicant and in the absence of any perversity, no interference is called for in the said finding also. In any event the hardship, if there by any, can be mitigated by granting some time to the applicant to vacate the premises. Counsel for the respondent submits that respondent has no objection for granting a reasonable time to the applicant for vacating the premises. Hence, the following order is passed: 5. Revision Application is dismissed. However, applicant is granted nine months time for vacating of the suit premises subject to his filing an undertaking of himself and all his adult family members in this court within four weeks on usual terms. In the event undertaking is not filed, decree can be executed forthwith. (D.G. KARNIK, J.)