:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.534 OF 2008 WITH CIVIL APPLICATION NO.3570 OF 2007 Shri. Kishore N. Shah. ..Appellant. Vs. The Municipal Corporation of Gr. Mumbai. ..Respondents. Mr.Suresh Gote for the Appellant. Mr. J.J.Xavier for the Respondent. CORAM: R. S. MOHITE, J. DATE : 12th June,2008 P.C. P.C. P.C. 1. This is a first appeal impugning the judgment and order passed by the City Civil Court dated 4.4.2007 in L.C.Suit No.5860 of 1998. By the impugned judgment and order the suit of the appellant/plaintiff challenging the notice Under Section 351 of the B.P.M.C.Act has been dismissed. The said notice is at Exh.72. The said notice pertains to an illegal structure which was unauthorised extension to the shop admeasuring 21x5.8ft. with C.I. Sheet roof and construction of oata supported by M.S. pipes. 2. The record indicates that the reply to the said notice was given on 10.10.1998. It was sought to be contended that the notice is not tenable and that he had taken the suit shop along with the alleged extension :2: from its inception. 3. In the aforesaid suit the plaintiff stepped into the witness box. He referred to a tenancy agreement entered into with his landlord dated 23.10.1997. The said tenancy agreement however, was not produced in the evidence. This was the best evidence to show that the extension was existing when the tenancy agreement was entered into. However, in the evidence the appellant admitted that he had put up the sign board and he is paying the charges of the said board to the landlord. From such evidence, it cannot be inferred that the offending unauthorised construction mentioned in the notice was existing prior to the creation of the tenancy. No other document was produced to show that the offending structure was constructed prior to the creation of the tenancy. There is no substance in the second appeal. Hence, appeal is rejected. CIVIL APPLICATION NO.3570 OF 2007 1. As the first appeal has been dismissed, civil application is also dismissed. (R.S. MOHITE, J.)