FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. APPEAL AGAINST ORDER NO. 119/2009 Vinod Tekchand Sahu ..versus.. Shila Vijayarao Gader --------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. -------------------------------------------------------------------------------------------------------------------------------------------------------- CORAM : S.R. DONGAONKAR J. DATED : 4 st SEPTEMBER, 2009. Heard Shri V.A.Kothale, Advocate, for the appellant/ original plaintiff. 2/- The plaintiff is a landlord who had instituted a suit against the respondent bearing R.C.S. No. 88/2000 before the Civil Judge, Junior Division, Amravati. The suit was for arrears of rent and possession of the leased property. 3/- The trial Court decreed the suit for arrears of rent as well as for possession. The respondent preferred appeal bearing R.C.A. No. 111/2005, wherein the following issues i.e. POINTS FINDINGS 1. Whether the defendant was in arrears of rent from 21.11.99 to 20.12.2000 ..In the affirmative 2. Whether the plaintiff reasonably ... Not conclusively and bonafide requires the demised determined in view premises for his own occupation of direction of retrial 3. To whom greater hardship would Not conclusively be caused by passing a decree than determined in view of by refusing to pass it? direction of retrial 4. Whether any interference is In the affirmative warranted in the impugned decree 5. What order? Appeal is allowed were framed and the following order i.e. O R D E R The appeal stands allowed. ii/ The impugned decree stands set aside. iii/ The suit is remanded back to the learned trial Court for retrial. The learned trial Court shall readmit the suit under its original number in the register of civil suits and shall frame the issues and provide an effective opportunity to the parties to lead evidence and shall dispose of the suit in accordance with law, in the light of the observations made in para no. 38, as expeditiously as possible and preferably within 8 months from the date of appearance of the parties before it. iv/ The parties shall appear before the learned trial Court on 20-4-2009 v/- The parties shall bear their respective costs of this appeal. vi/- R & P of the lower Court be sent back immediately. vii/- Decree be drawn accordingly. Sd/- Dt. 25/3/2009 (N.J.Jamadar) District Judge-2, Amravati. was passed. 4/- Learned counsel for the appellant has submitted that there is a concurrence between the trial Court and appellate Court that the defendant/respondent was in arrears of rent from 21/11/2009 to 20/12/2000. The matter is, however, remanded back for framing necessary issue of bonafide requirement of the premises for the occupation by the landlord. It appears that the remand is only on the issue of bonafide requirement of the suit property by the plaintiff/landlord. 5/- Learned counsel for the appellant has submitted that as the order under Order XV-A of C.P.C. was passed by the trial Court; the appellant is claiming withdrawal of that rent because of concurrence of the relevant finding by the trial Court. However, the trial Court may not allow the withdrawal because the matter is remanded back. 6/- I do not think that his apprehension is well founded considering the provisions of Order XV-A of C.P.C. In my opinion, the appeal for that reason would only be premature. The same is, therefore, liable to be dismissed. However, liberty to the appellant to move the trial Court for appropriate relief and if he does not succeed, liberty to move the appellate Court or this Court for further appropriate reliefs, as may be permissible in law. 7/- Appeal disposed of in above terms. CIVIL APPLICATION NO. 110/2009 Heard Shri Kothale, Advocate, for the appellant. As the appeal has been disposed of, this application does not survive. Application disposed of. JUDGE Rvjalit