: 1 : SD 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 SECOND APPEAL NO.746 OF 2007 SECOND APPEAL NO.746 OF 2007 SECOND APPEAL NO.746 OF 2007 Dhanraj Maganlal Porwal ...Appellant V/s. Devichandji Poonamji & Anr. ...Respondents Mr.V.G. Mujumdar, Advocate, for the Appellant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 25TH FEBRUARY, 2008. DATE : 25TH FEBRUARY, 2008. DATE : 25TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the appellant. 2. The Second Appeal is admitted on the following substantial questions of law :- (a). Whether the Appellate Court committed an error by holding that the appellant could have examined Mr.Suresh Porwal in as much as it was the case of the 2nd defendant that he was inducted by the said Suresh Porwal in the suit premises? (b). Whether the Appellate Court completely ignored that as the entire burden of proving : 2 : the plea of tenancy was on the 2nd respondent, it was for him to examine the person who inducted him in the suit premises? (c). Whether the Appellate Court has committed an error by relying upon certified copies of the applications for standard rent filed by the 2nd respondent in as much as both the said applications were dismissed? (d). Whether the Appellate Court has committed a serious error by not framing proper points for determination thereby causing prejudice to the parties? 3. Printing is dispensed with. Appellant to file private paper-book within a period of one year, failing which Appeal will stand dismissed for non-prosecution without further reference to the Court. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]