Amiruddin Gulam Moheddin Pathan v. Maksud Yunus Sonde

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.364 OF 2012 Amiruddin Gulam Moheddin Pathan Versus Maksud Yunus Sonde ....Applicant. ...Respondent. Mr. Piyush Shah for the applicant. DATED : October 11 , 2012. CORAM : RANJIT MORE, J. P.C.: Heard Mr. Shah learned counsel for the applicant. 2 Applicant is original landlord and the respondent is original tenant. Applicant filed suit against the respondent for possession of the suit premises under Section 16(1)(b) of the Maharashtra Rent Control Act, 1999. Applicant alleged that the respondent has made permanent alteration in the suit premises by erection of tin shed at the railing i.e. chhajja of the first floor. Both the Courts below having considered various judgments of the Apex Court and this Court came to conclusion that erection of tin shed is not permanent construction and the same is of Shivving 2 28-cra-364-2012 temporary nature. Trial Court, accordingly, dismissed the suit, which order was confirmed by the lower appellate Court. The concurrent findings of the lower Courts below can not be interfered with in my jurisdiction conferred under Section 115 of the CPC, 1908. The revision application is, accordingly, dismissed. (RANJIT MORE, J.) Shivving