TMI Blog1991 (1) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India of the High Court of Judicature at Bombay. The facts in brief necessary for the decision of this appeal are that the appellants filed a suit against the respondent for recovery of possession over three shops in a building situate at Dadar in Bombay inter alia on the ground that the respondent was their tenant of the said three shops and he had sublet them without the consent of the pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the above submission. A perusal of the judgment appealed against indicates that the aforesaid concurrent finding of the Courts below was set aside by the High Court on two grounds. Firstly, it was held by the High Court that the fact that the alleged sub-tenants had left the premises showed that the dominant intention behind the agreements between the defendant and those persons was to create ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ettled law that once the parties have been permitted to produce evidence in support of their respective cases and it is not their grievance that any evidence was shut out the question of burden of proof loses significance and remains only academic. In the instant case it is not the case of the respondent that he was precluded by the trial Court to produce any evidence. In this view of the matter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent in the year 1960 and the rent payable by him, we are informed, is ₹ 311/- per month. The respondent is granted time till 31st January, 1993 to vacate the shops in question subject to the condition that he pays a sum of ₹ 500/- per month as rent with effect from 1st February, 1991 and furnishes an undertaking in this Court within one month containing the usual terms includi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
