1 72-cra-547-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.547 OF 2011 Shri Umer K. Mohammed .. Applicant V/s. M/s. Hotel Alfa & Another .. Respondents. Mr. P. S. Dani, for the Applicant. None for Respondents. CORAM : G.S.GODBOLE, J. DATE : 18th AUGUST, 2011. P.C.: 1 Heard Mr. Dani, learned Advocate for the Applicant. 2 This Civil Revision Application is filed by the original Defendant in Civil Suit No.580 of 2000 filed by the original Plaintiffs i.e. Respondents/ tenants, which was decreed by Judgment and Order dated 7th February, 2006 passed by the learned 6th Additional Judge, Small Causes Court, Pune, which decree has been confirmed by the impugned Judgment and Order dated 19th April, 2010, passed by the learned Judge of the District Court, Pune in Civil Appeal No.420 of 2006. 2 72-cra-547-2011.sxw 3 The Courts below have recorded findings and concurrently held that the Respondents, who are Plaintiffs in the suit, are tenants. In fact, Advocate for the Applicant states that the present Applicant had filed Civil Suit No.650 of 2000 for eviction of the Respondents in the Court of Small Causes Court, Pune under the Maharashtra Rent Control Act, 1999, accepting their status as a tenants and that suit has been dismissed, appeal filed therefrom in the District Court has already been dismissed and, Civil Revision Application (Stamp) No.15856 of 2011 filed by the Applicant is pending in this Court for Admission. 4 In view of this and the accepted position that Respondents are tenants and considering the nature of the decree passed by the Trial Court, directing that the Respondents/ Tenants should not be dispossessed without following the procedure prescribed by law, no error of jurisdiction has been committed by the Courts below so as to warrant the exercise of jurisdiction under Section 115 of the Code of Civil Procedure, 1908. 5 The Civil Revision Application is rejected. It is made clear that this rejection will not, in any manner whatsoever have any bearing on the merits of the controversy involved in Civil Revision Application (Stamp) No. 15856 of 2011 and the same will be heard on its own merits. (G.S.GODBOLE, J.)