: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL REVISION APPLICATION NO.248 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Santosh B. Narwade i/b M/s.M.P. Vashi & Associates for the Petitioner. Mr.P.S. Dani for Respondent No.1. CORAM : S.J. VAZIFDAR, J. DATED : 26TH JUNE, 2008. P.C. : 1. The Civil Revision Application is filed against the order of the lower Appellate Court reversing the judgment and decree of the trial Court and decreeing the Respondent/landlord’s suit for possession. 2. The suit was filed against Defendant No.1 as a tenant and against Defendant Nos.2 to 4 as illegal sub-tenants. This Civil Revision : 2 : Application has been filed by Defendant No.2 who, it is alleged is one of the illegal sub-tenants. 3. The lower Appellate Court has rightly observed that there is no documentary evidence to show that Defendant Nos.2 to 4 had been inducted as the licensees or sub-tenants prior to 1.2.1973 entitling them the protection under the Act. In fact the documents produced are of a period much after 1.2.1973. Even assuming that the documents can be relied upon they pertain to the years 1977 and 1979 being electricity bill and ration card. Defendant Nos.2 to 4 were impleaded after the suit was filed. The case of illegal sub-tenancy is therefore established. 4. It was submitted that the Act does not apply as the property falls within the area declared to be a slum under the Maharashtra Slum Areas (Improvement, Clearance and Re-Development) Act, 1971. There is however, no gazette notification : 3 : establishing the same. 5. In the circumstances, the Civil Revision Application is dismissed. Time to vacate is extended upto 31.3.2009 subject to the Petitioner filing the usual undertaking within four weeks from today in this Court including that in the event of the Petitioner not succeeding before the Supreme Court, they will comply with the decree including by handing over possession of the premises.