The appellant original plaintiff is the landlord and the respondents original defendants are the tenants with respect to suit premises which is a shop admeasuring approximately 200 sq.
The respondents filed their written statement denying the bonafide need of the appellant.
Aggrieved by the order of dismissal, the appellant challenged the same in Regular Civil Appeal No.
The Letters Patent Appeal preferred by the appellant against the said judgment was number entertained being number maintainable by impugned judgment dated 1st October, 2010.
After numberice to the tenants to vacate the suit premises on the ground of personal use, in absence of any positive response, the appellant filed Small Cause Civil Suit No.16 of 2007 in the Court of Civil Judge, Junior Division, Amravati seeking eviction of the respondents.
on the ground floor in the building named Savita Sadan bearing New Municipal House No.
The said judgment was challenged by the respondents in Writ Petition No.5521 of 2009 and the same was allowed by the High Court by the impugned judgment dated 23rd February, 2010.
323 2 in New Ward No.23, Mofusil Plot, Morshi Road, Amravati.
On hearing the parties, the Appellate Court vide judgment dated 31st October, 2009 allowed the appeal and directed the respondents to handover vacant and peaceful possession of the suit premises to the appellant.
Witnesses were examined and evidences were brought on record.
140 of 2008 in the Court of Principal District Judge, Amravati hereinafter referred to as, the Appellate Court .
Thereafter, 3rd Joint Civil Judge, Junior Division, Amravati hereinafter referred to as, the Trial Court dismissed the civil suit.
These appeals have been preferred by the appellant landlord against the judgment and decree dated 23rd February, 2010 passed by the Single Judge of the High Court of Judicature at Bombay, Nagpur Bench in Writ Petition No.5521 of 2009 and the judgment and decree dated 1st October, 2010 passed by the Division Bench in LPA No.150 of 2010.
Sudhansu Jyoti Mukhopadhaya, J. Delay companydoned.
Leave granted.
