WP. 2835, 2840 - 11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION No. 2835 OF 2011 AND CIVIL WRIT PETITION No. 2840 OF 2011 Zubin Noshirwan Kamdin & Ors. ...Petitioners Vs. Farrokh Noshirwan Kamdin & Ors. ...Respondents *** Mr. S. J. Ghogre, for the Petitioners. Ms. Namrata Parikh i/b M/s. Mulla & Mulla & C.B. & C, for Respondent Nos. 2 & 3. *** CORAM: V. M. KANADE J. DATE : JULY 4, 2011 P.C. 1. The learned counsel appearing for the petitioner submits that he would like to amend the petition and delete the word Art. ‘226’ in the cause title of the petition. Petitioner is permitted to delete the said word ‘226’ from the cause title. Amendment to be carried out forthwith. 2. The petitioner is aggrieved by an order passed by the trial Court whereby the trial court has permitted the respondent No.1 to pay the rent to the landlord. Petitioners are original defendants 3 to 6 and respondent No.1 is the original plaintiff and respondent Nos. 2 and 3 are the original defendant Nos. 1 & 2/landlords. Suit is filed by the plaintiff WP. 2835, 2840 - 11 - 2 - for a declaration that he is a tenant under Section 7(15)(a) of the Maharashtra Rent Control Act, 1999. The plaintiff and defendant Nos. 3 to 6 are brothers and sisters. According to the plaintiff, he is a tenant and according to defendant Nos. 3 to 6, they are the tenants. In the suit both the plaintiff as well as defendant Nos. 3 to 6 have filed the application seeking permission to pay the rent to the landlord. According to defendant Nos. 3 to 6, they were paying rent to the landlord till date, whereas, according to the plaintiff, after the demise of his mother he is eligible to pay rent to the landlord. The trial court allowed the application of the plaintiff and permitted him to pay rent to the landlord and rejected the application of defendant Nos. 3 to 6 to pay rent to the landlord. 3. Being aggrieved by the aforesaid two orders, original defendant Nos. 3 to 6 have filed these writ petitions. In my view, instead of deciding the controversy, it would be appropriate if the petitioners herein are also permitted to separately pay rent to the landlord, and this shall be without prejudice to the rights and contentions of both parties. Rent receipts can be retained by the landlord till disposal of the suit. Both the writ petitions are disposed of in the aforesaid terms. [ V. M. KANADE J.]