1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BEN CH : NAGPUR WRIT PETITION No. 334/2010. ( Ranjit Dayaldas Chaudhari -: versus :- Dr. Sunita Ajay Jaiswal and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 29, 2010. Heard Shri S.P. Palshikar, learned counsel for petitioner and Sau. V.P. Thakre, learned counsel for respondent no.1-caveator. Learned Counsel for petitioner argues that after termination of tenancy the respondent land lady claimed that premises are needed by her for starting Nursing Home. He points out provisions of Section 33 of the Bombay Hospital and Nursing Home Registration Act to urge that such nursing home cannot be started without previous permission of the Competent Authority. He contends that there was no such permission and in view of the requirement the petitioner/defendant amended his written statement and raised appropriate defence. Those defence or requirement of law has not been looked into either by the Small Causes Court or by the Lower Appellate Court. According to him, this constitute failure to exercise jurisdiction and a user for 2 which possession was sought has not been shown to be legal or legally permissible, the decree granted deserves to be set aside. Smt. Thakre, learned counsel for respondent on the other hand states that the Rent Controller granted permission under Clause 13 of C.P. And Berar Rent Control Order, 1949 to terminate tenancy of petitioner and thereafter notice under Section 106 of the Transfer of Property Act was issued and tenancy was terminated. According to her, in this situation the contention of petitioner is totally irrelevant. It is apparent that the permission given to the landlady to terminate the tenancy of present petitioner has attained finality and accordingly tenancy was already terminated. Small Causes Court was only concerned with the compliance of provisions of Transfer of Property Act, particularly Section 106. The petitioner being tenant cannot dictate to the landlady that she cannot use the premises for nursing home, and if any permission is required the respondent is bound to comply with it. Law will take its own course if such permission is not granted and that cannot be reason to set aside the concurrent judgment. Writ Petition is therefore, dismissed with no order as to cost. JUDGE Rgd.