CHANDRASEN PURSHOTTAM BHIMJI vs KISAN KONDU GAIKWAD — WP/827/2014

Summary The Bombay High Court quashed the appellate judgment declaring Gaikwad a tenant and reinstated the trial court's dismissal of his tenancy suit. The court held that in a tenancy declaration suit, the burden lies on the claimant (tenant) to prove tenancy through rent receipts or agreements—not on the defendant—and that long possession alone cannot establish tenancy. Gaikwad produced no rent receipts, no tenancy agreement, and only salary/payment receipts (not signed by the landlord), while Bhimji's nokar-namas and salary records suggested Gaikwad was employed as a gardener, making the appellate court's reasoning perverse. This case analysis is maintained by casestatus.in based on publicly available court records.