1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.478 OF 2008 M/s. Fashion and anr. ..Applicants. Vs. Vinayak Narhar Joshi and ors. ..Respondents. Mr. Amit Borkar for the Applicant. Mr.R.S.Datar for the Respondent Nos. 1A,1B,1E and 1F. CORAM : R.S. MOHITE, J. DATE : 12TH AUGUST, 2009 PC : 1. This is a revision application filed by the original defendant- tenant impugning an order dated 20.3.2008 passed in diary application No.10/2005. The plaintiff landlord had filed a suit for eviction under Rent Act. Suit was dismissed but the appeal was allowed and the decree of the appellate court was confirmed by this court while dismissing the writ petition. On perusal of the plaint, it is seen that the suit property was described as shop situated in A-ward of Kolhapur City on land bearing City Survey No.3240/1. After decree was 2 confirmed by the High Court, tenant moved an application before the trial court for modification of the decree. The first contention is that, in Para-2 of the plaint, the plaintiff had contended that, in the entire building he had half share. The modification that he wanted that in the decree of eviction the word suit premises should be substituted by word suit building . The intention of the tenant is clear to claim that the plaintiff has only half share in the suit shop. Written statement is not annexed to this revision application. In any case, in my view, the court has correctly held that such a modification cannot be granted because it will change the entire nature of the decree and the nature of the suit premises. It is admitted that the applicant was paying rent to the respondent alone and not to any other person. There is therefore, no substance in the revision and therefore the same is rejected. . (R.S. MOHITE, J.)