From the Judgment and Order dated 6.7.1981 of the Bombay High Court in W.P. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Consequently, it decreed the suit of the plaintiffs for recovery of possession of the premises from the defendant.
The Judgment of the Court was delivered by VENKATACHALA, J. In this appeal by special leave, the summary rejection by the Bombay High Court of an application filed, under Article 227 of the Constitution, for setting aside an eviction order made by the Court of Small Causes at Bombay the trial companyrt, under clause c of sub section 1 of section 13 of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947, to be referred to as the Act and upheld by the appellate Division Bench of the same companyrt the appellate companyrt, is questioned.
The appellate companyrt before which the decree of the trial companyrt was appealed against by the defendant, on its re appraisal of the evidence, affirmed the findings of the trial companyrt and dismissed the appeal.
The defendant has questioned in this appeal by special leave, the companyrectness of the decree of the trial companyrt made against him for recovery of possession of the premises by the plaintiff, the decree of the appellate companyrt affirming the decree of the.
In support of the appeal, three companytentions were raised before us by Shri B.K. Mehta, the learned senior companynsel for the appellant defendant.
trial companyrt and the order of the High Court rejecting his writ petition.
Feeling aggrieved by the decree of the trial companyrt and its affirmation by the appellate companyrt, the defendant impugned the same by filing a writ petition under Article 227 of the Constitution before the High Court of Bombay, but that writ petition was rejected by the High Court in limine.
1967 of 1981.
R. Lalit, Mrs. J. Wad and Mrs. Tamali Wad for the Respondents.
447 of 1982.
K. Mehta and Vimal Dave for the Appellant.
