1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4731/2009 ( Dilip D. Anandani -: versus :- Hotel Balbir Inn Pvt. Ltd. ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 06, 2009. Heard Shri M. Shareef, learned counsel for petitioner and Shri A.G. Gharote, learned Counsel for respondent. The petitioner/tenant having suffered a decree of eviction in respect of lease of open plot, filed appeal and in that appeal moved an application under Order 41 Rule 27 at Exh.46, seeking to produce a document dated 3.8.2002, in which the owner of plot has stated that the shop was given to one Dilip Anandani, for purpose of business on tenancy basis. Contention was, document was not within the knowledge of the petitioner and was found with old records. The Lower Appellate Court has found that there was no plea in written statement that petitioner was not tenant of open land, but was tenant of structure raised upon it. Therefore, the production has not been allowed. With the assistance of learned counsel, I have perused the written statement. Written statement no where 2 specifically states that contention of lessor that petitioner is a tenant of open land, is incorrect, and there is no plea that petitioner is tenant of structure on said open land. With the result, no case is made out warranting interference in writ jurisdiction. Writ Petition is thus dismissed. No costs. JUDGE Rgd.