IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7705 OF 2009 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.H.T.Pawar i/b Mr.M.G.Gawde for the petitioner Mr.R.A.Thorat for the respondent nos.1 and 2 CORAM: A.S.OKA,J. DATE : SEPTEMBER 29,2009 P.C.: 1 Heard the learned counsel for the petitioner. He states that the petitioner wants to prove the Gazette Notification allegedly declaring the land on which the suit premises is situated as a slum area. He states that he wants to prove the list of of eligible hutments dwellers. A permission is denied by the impugned order to the petitioner to lead further evidence. 2 The contention of the petitioner is that in view of the additional issue framed as regards the alleged slum area, permission to adduce evidence be granted. The learned counsel for the petitioner states that the Gazette Notification is already on record. 3 Therefore, even going by the case of the petitioner, no further evidence is required on this aspect. The allegation that the petitioner s name figures in the list of eligible hutment dwellers is totally irrelevant in a suit under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947. 4 In this view of the matter, the Appellate Court was justified in not granting permission to lead further evidence. If a certified copy of the Gazette Notification is already placed on record, the court is bound to consider the same while deciding the suit. Subject to this observation, the petition is rejected. JUDGE