1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 464 OF 2009. Anil S. Pande Vs. Datta Mandir Sansthan & Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Shri A. G. Joshi Adv. for petitioner. CORAM: C. L. PANGARKAR J. DATED: 6 th JULY, 2009. Heard. This Writ Petition has been preferred by the defendant against whom a decree has been passed by the Civil Judge Junior Division which has been confirmed by the District Judge. The suit was instituted by the respondent/plaintiff against the petitioner/defendant for eviction after issuing a notice under Section 106 of the Transfer of Property 2 Act. The said suit was contested by the defendant. Learned Judge of the Courts below found that the notice has been served on the defendant and the tenancy has been rightly terminated. It was also found that it was an open plot and provisions of Bombay Rent Act did not apply to the same. I have heard the learned counsel for the petitioner as well as respondent. Shri Joshi learned counsel appearing for the petitioner submits that the premises is not an open plot of land but there is some construction on the same and therefore they were governed by the provisions of Bombay Rent Act. I am taken through the Written Statement of the defendant. Defendant does not raise a plea that open plot of land was not let out to him but a certain construction was let out to him. Since such a defence is not raised in Written Statement, same defence cannot be raised in Writ Petition for the first time. Courts below found that open plot of land was let out and therefore provisions of Bombay Rent Act did not apply. There are two 3 concurrent findings. There is no question of law involved in the matter nor there is any reason to interfere with the order of the Courts below. There is therefore no substance in the Writ Petition. It is dismissed in limine. JUDGE svk