1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.516 OF 2009 Smt.Indubai Vinayak Kaswade ..Applicant V/s. Ayyub Alluddin Shaikh & ors ..Respondents Mr.Niranjan Shimpi, Advocate, for the Applicant Mr.Shrishail Sakhare, Advocate, for the Respondents CORAM : R.C.CHAVAN, J. DATE : 22ND JULY, 2010 P.C. . This Civil Revision Application is directed against the concurrent findings recorded by the learned Civil Judge as well as District Judge, Solapur, whereby the Courts below have ordered ejectment of the Applicant from the suit premises. The Civil Revision Application is taken up for final hearing with the consent of the parties. It is pointed out by the learned Counsel for the Applicant first, that the Plaintiff had not come up with 2 the case in the plaint that he was owner of the property. The Sale Deed surfaced only during cross examination of the Plaintiff. He points out from the copy of the Roznama that the Plaintiff was examined on 21st August, 2000. Thereafter, the matter adjourned to 5th September, 2000, when the Plaintiff sought an adjournment. On 7th September, 2000, the matter was adjourned because the Court time was over. Again on 15th September, 2000, an Application was filed by the Plaintiff for adjournment. On 20th September, 2000, the learned Judge seems to have heard the learned Counsel for the Plaintiff and adjourned the matter for Judgment on 22th September, 2000. 2. Thus, contention of the learned Counsel for the Applicant that the Applicant did not have an opportunity of cross examining the Plaintiff and tendering his own evidence, as also the fact that the learned Trial Judge and the Judge of the 1st Appellate Court seem 3 to have considered Sale Deed tendered by the Plaintiff without there being any pleading that the Plaintiff had become the owner, seems to be correct. 3. In view of this, both the Judgments cannot be sustained and are therefore, quashed and set aside. The matter is remanded back to the Trial Court first, to permit the Plaintiff to amend the plaint to incorporate sale deed, secondly, to permit the Defendant to frame necessary issues, thirdly, to permit the parties to tender such additional evidence, if any, as they may desire and lastly, to decide the suit preferably within a period of one year from today. (R.C.CHAVAN, J.)