IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL REVISION APPLICATION NO.24 OF 2008 REVISION APPLICATION NO.24 OF 2008 REVISION APPLICATION NO.24 OF 2008 Shri Vinayak Mukund Joshi ... Applicants & Anr. Vs. Shrikrishna Ganesh Bhide ... Respondent Mr. S.J. Raikar i/by Mr. Sanjay Gawade for applicants. Mr. S.M. Kelkar for respondent. CORAM CORAM CORAM : S.J. VAZIFDAR, J : S.J. VAZIFDAR, J : S.J. VAZIFDAR, J. DATE DATE DATE : 2ND JULY, 2008 : 2ND JULY, 2008 : 2ND JULY, 2008 P.C. P.C. P.C. :- :- :- 1. Admit and heard finally. 2. This Revision Application is filed against the order of the learned District Judge- 6, Pune reversing the judgment of the trial Court and decreeing the respondent’s-landlord’s suit for possession. 3. The only ground on which the lower-Appellate Court held against the Applicant was for change of user from residential premises for which the premises were let to commercial user. The respondent’s contention is that petitioner no. 2 had converted the first floor of 2 the suit premises into a clinic for treating persons suffering from venereal diseases. Two important documents were relied upon by the lower- Appellate Court namely photographs and a letter dated 10th October,2000. The trial Court did not admit the documents in evidence. This finding of the trial Court was over-ruled and the lower- Appellate Court read the documents in evidence. 4. There is no doubt that both the documents are of considerable importance in establishing the respondent’s case. For instance, if there was nothing further or contrary to the suggestion made on the visiting board, it may have been difficult in revision to interfere with the finding of fact / appreciation of facts. 5. There is however, one aspect which requires consideration. The documents not having been admitted in evidence before the trial Court and having been admitted only by the lower- Appellate Court, the petitioners were deprived of any opportunity of dealing with the same. The lower- Appellate Court ought in these circumstances to have permitted the parties to lead evidence in respect of these two documents. 3 I do not intend suggesting or directing the nature of such evidence. That is a matter for the parties to contend and for the lower- Appellate Court to decide. 6. In the circumstances, the impugned order is set aside on this limited ground. The lower- Appellate Court shall permit the parties to lead any evidence that they desire, limited to these two documents i.e. photographs, negatives and the letters. Thereafter the first Appellate Court is requested to decide the matter. 7. It is made clear however, that the parties shall be entitled at the time of hearing to raise all their contentions including those which have already been decided. 8. Parties shall appear before the first Appellate Court in the first instance on 4th August, 2008 at 11.00 am. and thereafter as directed by the Court.