1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVN. APPLICATION NO. 648 OF 2009 M/s.Kesoram Industries Ltd. ... Applicant v/s Mrs.Rajkumari Kataruka ... Respondent Mr.A.c.Singh i/by D.Dwivedi for the applicant. Mr.P.K.Dhakephalkar for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 6TH NOVEMBER, 2009 P.C.: 1. A suit was filed for eviction of the applicant on the ground that the protection available under the Rent Act was no longer available to the applicant in view of the provisions of the Maharashtra Rent Control Act, 1999. The Trial Court has held that the plaintiff had legally terminated the tenancy of the defendant i.e. the applicant herein and that in view of the provisions of Section 3(1)(b) of the Maharashtra Rent Control Act, the protection available to the applicant had been withdrawn. Accordingly, by the impugned order dated 2 28.4.2004, the suit is decreed and the applicants were directed to hand over the suit premises to the respondent herein. It appears that thereafter the applicant preferred an appeal before the Small Causes Court being Appeal No.444 of 2004. That appeal was dismissed and the order passed by the Trial Court was confirmed. 2. In my opinion, there is no need to interfere with the concurrent findings of fact of both the Courts below. In any event, the applicant is not entitled to the protection claimed in view of the provisions of Maharashtra Rent Control Act. 3. Civil revision application dismissed. 4. Mr.Singh seeks stay of this order. Stay granted for six weeks on condition that the undertaking is given by the applicant that the premises will be vacated by the end of six weeks failing any order being obtained from the Apex Court. 5. The applicant shall pay the market rent during this time. 6. The undertaking to be filed within one week from 3 today. 7. Civil application No.329 of 2009 stands dismissed in view of dismissal of the civil revision application. ..... 4