-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 175 OF 2008. Pilloo D. Broacha & Ors. ..Plaintiffs. Versus Zarir Keki Master. ..Defendant. Mr. R. D. Dave i/b M/s. N. N. Vaishnawa & Co., for the plaintiffs. Coram : R. V. MORE, J. Date : February 1, 2010. P. C. : 1. Heard learned counsel for the plaintiffs. None appears for the defendant. The above suit is filed for declaration that the defendant is trespasser in the suit premises. It is the case of the plaintiff that the suit premises was initially given to one Minoo Noshir Panthaki and his sister Silloo Noshir Panthaki on tenancy basis. Both of them expired on 14th April 2002 and 20th November 2002 respectively. It is further case of the plaintiff that Minoo was residing alone in the suit premises untill his death, and the defendant who is son of his sister came to perform the last rites of Minoo. 2. The defendant on the contrary by filing written statement claimed that he was residing along with the deceased Minoo in the suit premises and therefore has inherited the tenancy in view of provisions of Section 5(11)(c) of the Rent Act. -: 2 :- 3. In view of the defence raised by the defendant that he is the tenant in respect of the suit premises as per the provisions of section 5(11)(c) of the Rent Act, the learned counsel for the plaintiff seeks leave to withdraw the suit with a liberty to file appropriate proceedings before the appropriate forum. 4. In my view, no prejudice will be caused to the defendant if the leave with a liberty as prayed for is granted to the plaintiff. Accordingly leave to withdraw the suit with liberty to file proceedings in appropriate Court is granted. 5. In view of the disposal of the main suit, notice of motion taken out in the above suit does not survive and the same is accordingly disposed of. (R.V. MORE, J.)