1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LPA No.101/2009 in WP No.4801/2008 (D) [Abdul Kadar @ Babbu Tailor s/o Ismail and others .vrs. Masjid Jumma Darwaja] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Coram : A.P. Lavande & P.D. Kode, JJ. Dated : 2 nd April, 2009. Heard Mr. N.M. Jibhkate, learned counsel for the appellants. By this Letters Patent Appeal the appellants take exception of the judgment passed by the learned Single Judge dated 5.1.2009 in Writ Petition No.4801/2008 dismissing the writ petition against the orders passed under the Maharashtra Rent Control Act, 1999. In support of the appeal Mr. Jibhkate, learned counsel urged the following grounds : (i) The proceedings for eviction against the appellant were not maintainable since the permission under Section 50 of the 2 Bombay Public Trust Act was not obtained from the Joint Charity Commissioner by the respondents. (ii) The decree passed against the appellants is without jurisdiction for non-compliance of Section 16 (6) of the Maharashtra Rent Control Act, 1999. Perusal of the impugned judgment passed by the learned Single Judge reveals that both the above grounds were not urged before the learned Single Judge and, therefore, we are not inclined to permit the appellants to urge these ground for the first time before this court. We, therefore, see no merit in the Letters Patent Appeal. Letters Patent Appeal is, therefore, rejected. JUDGE JUDGE Gulande