IMPORTANT POINT
Concurrent finding of fact by courts below cannot be interfered.

JUDGMENT

A.M. Khanwilkar, J.

The application for early hearing is allowed.

2. Appeal is taken up for hearing forthwith, by consent.

3. This appeal challenges the judgment of the High Court of Judicature at Bombay, Bench at Aurangabad, in Civil Revision No.59 of 2007 dated 6th September, 2011. The High Court dismissed the revision application preferred by the appellant and thereby confirmed the decision of the District Court dismissing the eviction application preferred by the appellant.

4. Briefly stated, the appellant, claiming to be landlord in respect of suit premises being shop admeasuring east-west 12ft. and south-north 16ft. situated at Municipal house No.23/124/A, corresponding to City Survey No.9572 in Cloth Lane, Latur, instituted an eviction application against the respondent-tenant on the ground of arrears of rent and default within the meaning of Section 15 of the Hyderabad Houses (Rent, Eviction, and Lease) Control Act, 1954. It was the case of the appellant that the respondent-tenant had failed and neglected to pay rent between October, 1987 till March, 1988. In fact, the appellant had issued a notice to the respondent-tenant on 20th January, 1988 calling upon him to pay rent in respect of the suit premises. That notice was replied by the respondent-tenant on 22nd February, 1988, raising a dispute of ownership of the suit premises. The appellant then issued demand notice to the respondent-tenant on 17th March, 1988 calling upon him to pay the arrears of rent. No reply was received from the respondent-tenant. As a result, an eviction application was filed by the appellant. The Rent Controller held that the respondent-tenant had committed default and was liable to be evicted. Accordingly, an eviction order was passed by the Rent Controller on 11th April, 2005. Against that decision, the respondent-tenant preferred a statutory appeal before the District Judge at Latur being Rent Appeal No.5 of 2005. The District Court reversed the finding of fact recorded by the Rent Controller. The Appellate Court found that the respondent-tenant upon receipt of notice from the appellant immediately approached the Rent Controller and deposited the amount towards rent as prescribed by the Rent Controller. Further, the appellant admitted in his evidence of having withdrawn the amount deposited in Court by the respondent-tenant till Diwali 2003. On the factum of willful default by the respondent-tenant, the Appellate Court reversed the finding of the Rent Controller. As regards the factum of denial of title by the respondent-tenant, the Appellate Court held that the circumstances in which that plea was taken by the respondent-tenant was bonafide - considering the fact that the appellant landlord himself had admitted that the dispute regarding ownership of suit shop was the subject matter of the RCS No.1033 of 1983 filed by him before the Civil Court. Besides the appellant, one Vishwanath Tandale also claimed his ownership over the suit shop. He had filed an affidavit in the proceedings before the Rent Controller to which the appellant was a party. The District Court, accordingly, allowed the appeal preferred by the respondent-tenant and reversed the order passed by the Rent Controller. Consequently, the eviction application filed by the appellant was dismissed.

5. Against this decision, the appellant preferred a revision application before the High Court. The High Court after considering the relevant material on record held that the finding of fact recorded by the District Court was flawless on both counts, namely, the factum of tenant not being a willful defaulter and also on the issue of justness of his plea to question the ownership in respect of the suit shop. The High Court, accordingly, affirmed the view taken by the District Court and dismissed the revision application. Against this decision, present appeal has been filed by the landlord.

6. According to the appellant, in the fact situation of the present case, the decree of eviction