: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.198 OF 2009 Abdul Aziz Mohammed Sheikh .. Applicant V/s. Bazil N. Kazi .. Respondent ALONGWITH CIVIL REVISION APPLICATION NO.199 OF 2009 Ahmed Chand Shaikh .. Applicant V/s. Bazil N. Kazi .. Respondent AND CIVIL REVISION APPLICATION NO.200 OF 2009 Akil Ali Chand Ali .. Applicant V/s. Bazil N. Kazi .. Respondent Mr. A.S. Khandeparkar with Mr. D.H. Pawar and Mr. D. Brijesh for the Applicants. Mr. G.S. Godbole h/f. Mrs. J.V. Kanade for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 10 TH DECEMBER, 2009. P.C.: 1. The applicants have approached this Court contending that the decrees passed against them directing them to vacate the suit premises are bad in law. It is submitted on behalf of the applicants that the Suits are filed under Section 16(1)(k) of : 2 : the Maharashtra Rent Control Act only with a view to evict them after the notices were issued by the Kalyan-Dombivali Municipal Corporation at the behest of the landlord who is an Advocate. The landlord was called upon to demolish the structures as they were dangerous for human habitation. He further submitted that the report of the Architect of the applicants, who was examined before the trial Court, indicates that the suit structures were not in a dilapidated condition and all that was required was that the outer walls needed to be plastered. 2. Both the Courts below have held that there are no malafides on the part of the Kalyan-Dombivali Municipal Corporation in issuing notices to the landlord for demolishing the suit structures as they were in a dilapidated condition and, therefore, dangerous to life. A Junior Engineer of the Kalyan-Dombivli Municipal Corporation was examined and he has stated that after examining the suit structures he had prepared a report and thereafter the notices were issued. Evidence by way : 3 : of photographs of the suit structures were also produced before the trial Court which indicated that the suit structures are in a dilapidated condition. The Architect of the applicants was not able to identify the suit structures in the photograph. 3. The Kalyan-Dombivali Municipal Corporation was of the opinion that these structures are bound to collapse and were therefore a cause of danger to life of the applicants and the landlord. In my opinion, therefore, the trial Court and the Appellate Court have not committed any error in decreeing the Suits. The very fact that the Architect appointed by the applicants has given a contrary report would not necessarily mean that his report was correct. In fact, his evidence indicated that he was unable to identify the suit structures from the photographs shown to him. He has also admitted that if the photographs shown to him were in fact those of the suit structures, then they were required to be demolished. : 4 : 4. The Civil Revision Applications are, therefore, dismissed. 5. On the application made by Mr. Khandeparkar for the applicants, the decree shall not be executed for a period of eight weeks from today on the usual undertaking being furnished by the applicants and all the adults in their families to this Court within a period of two weeks from today. .......