1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3832 OF 1994 Ibrahim Vazirbhai Bagwan (since deceased by his legal heirs and representatives A Qureshbi Ibrahim Bagwan B Aayub Ibrahim Bagawan C Rafiq Ibrahim Bagwan D Salim Ibrahim Bagwan E Aanisa Ibrahim Bagwan ...Petitioners vs. Kantilal Sakalchand M/s.Foam Enterprises ...Respondents Mr.V.S.Gokhale for the petitioners Mr.G.M.Khambate for the respondent no.2 CORAM :A.S.OKA,J. DATE : MARCH 17, 2010 JUDGMENT : 1 Heard the learned counsel for the petitioner and the learned counsel for the second respondent. The petitioner is the original plaintiff and the respondents are the defendants. A suit for possession was filed by the petitioner against the respondents under the provisions of Bombay Rents, Hotel and Lodging House Rates Control)Act, 1947 (hereinafter referred to as the said Act). According to the petitioner, the first respondent is the tenant in respect of the suit premises. Possession was sought on the grounds of arrears of rent, bonafide requirement and, the unauthorised and illegal transfer of interest in the suit premises. The trial Court dismissed the suit. The Appellate Court dismissed the appeal preferred by the petitioners. 2 When the petition was called out for final hearing, 2 it is found that the writ petition stands dismissed as against the first respondent as per the order of the Additional Registrar dated 20th August 1998. The first respondent is the tenant in respect of the suit premises and the second respondent is the alleged sub tenant. The decree of dismissal of the suit as against the 1st respondent-tenant has become final. As the petition stands dismissed as against the first respondent who was the original tenant, it is obvious that the decree for possession under the said Act of 1947 cannot be passed. 3 Hence, the petition is rejected. Rule is discharged. JUDGE