1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO449 OF 2009 WITH CIVIL APPLICATION NO.1491 OF 2009 Tukaram Babdu Ramoshi (Jadhav) )..Appellants Vs. Baba Kushaba Ramoshi )..Respondent ---- Mr. P. B. Shah for the appellants. ---- Coram : R.S.MOHITE,J Date : 20th January, 2010 PC 1 This is a Second Appeal impugning concurrent judgment and decrees passed by the two lower Courts dismissing the plaintiffs’ suit for restoration of possession. The plaintiff’s claimed to have exclusive tenancy rights on the tillers day in respect of the suit property mentioned in paragraph-1A of his plaint. According to him, two other tenants had property rights in the property mentioned in paragraph-1B of the plaint. It appears that he lost possession in pursuance of a notice for possession issued by the tenancy authorities, and therefore, filed a suit for recovery of possession. 2 The record indicates that in earlier 32-G proceedings pertaining to the suit lands mentioned in paragraph-1A of the plaint, the matter was carried up to the Supreme Court. Special Leave Petition in the Supreme Court was filed on behalf of the landlord and 2 Counsel for the landlord contended that there were three tenants in respect of the lands of which two had surrendered. Counsel for the present appellant made a statement in the Apex Court that his client was satisfied with 1/3rd share and in that view of the matter, the Supreme Court modified the order passed under Section 32-G and directed that the plaintiff would be entitled to 1/3rd share. Thereafter a notice for possession in respect of the balance 2/3rd share was taken out and the possession was recovered from the present appellant. In these background the contention of the plaintiff that he was the exclusive tenant in respect of the lands mentioned in paragraph-1A of the plaint has been negatived by both the Courts. In my view, there is no substantial question of law involved in this appeal and the Second Appeal stands rejected. CIVIL APPLICATION NO.1491 OF 2009 1 As the main appeal is rejected, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3 4