Bombay High Court
Nilesh Narayanrao Mikhar
Versus
Ramdas Bapurao Ghude
Decided On:

Headnote:Section 115-Order 39, Rule 1-Tenant in occupation of a 3 room structure constructed on open plot-Landlord starting construction on open plot-Suit for temporary injunction filed by tenant-Ground.

       Subject matter of tenancy were both open plot and structure thereon.

       Court refused injunction. Ground-Tenant failed to establish prima facie that open plot was a part of tenanted premises and as such it was in his exclusive possession. Revision against. Held, Finding of lower court was are of fact. Finding not suffering from any jurisdictional error. Open plot of land in question could by no stretch of imagination be regarded as land appurtenant to structure. Clauses (2), (3) (a) of Rent Order, 1940 was, therefore, not applicable. Section 108 of T. P. Act also not applicable when it could not be established by tenant that open plot formed part of his tenancy.

       For Citation : AIR 1987 Bom 279.