-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL STAMP NO.29050 OF 2000 1A. Smt.Murgevva Malakappa Shivingi and Ors. .. Appellants. Vs. Smt.Banubai Vithal Bongale (since deceased) and Ors. .. Respondents. Mr.M.L.Patil for the appellants. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATE : 21ST JULY, 2008. DATE : 21ST JULY, 2008. DATE : 21ST JULY, 2008. PC: PC: PC: . We have heard Mr.Patil, learned counsel for the appellant-petitioner. 2. Writ Petition No.3293 of 1982 was summarily dismissed on 10th August, 2000. Mr.Patil pointed out that by filing Civil Application No.3755 of 1982, Income Tax assessment order which was issued in favour of respondent no.4 and also a copy of the tax return filed by M/s.Honesty Industries of which said respondent no.4 was a partner were brought on record and the same were not considered by the learned Single Judge. The learned Single Judge in his order dated 10.8.2000 observed that the said documents were not before the authorities below and, therefore, he could not examine the same. In addition, the income of respondent no.4 could not be brought in the joint family hotch-pot so as to determine the income of the landlord and thirdly in view of passage -2- of time, that is, after about 18 years it was not necessary to consider the documents brought on record. 3. Mr.Patil, the learned counsel for the appellant fairly conceded before us that the documents brought on record in Civil Application No.3755 of 1982 could not be considered as public documents and the said evidence was not placed before the competent forums under the Tenancy Act. The view taken by the learned Single Judge is a possible view and it cannot be termed as an error apparent on the face of the record calling for interference in this intra court appeal. 8. Hence the letters patent appeal fails at the threshold and the same is dismissed in limine. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)