121sa710.04.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Second Appeal No.710 of 2004 (Namdeo s/o. Govinda Akare .vs. Chandanlal s/o. Munnalal Fulsunge) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : January 12, 2010 Heard Mr. Nitin Lalwani, Adv for appellant. ADMIT. Mr. Suresh Dhole, Adv. waives service on behalf of respondent. Parties agree that the matter can be decided finally at this stage. Hence, heard the matter finally by the consent of the parties. The respondent is a land lord and the appellant is a tenant. After obtaining permission to determine tenancy as required under the provisions of the C. P. and Berar Letting of the Houses and Rent Control Order, 1949, plaintiff instituted Regular Civil Suit No.82 of 1998 for ejectment, possession and damages. The suit was decreed by the judgment and order dt. 5.3.2001 by learned 2nd Jt. Civil Judge (Jr. Dn.), Bhandara. The appellant was directed to hand over vacant possession of the suit premises to the plaintiff/land lord. 121sa710.04.odt 2 . Being aggrieved by this judgment and decree, the appellant preferred an appeal bearing Regular Civil Suit No.45 of 2001. The said Suit was also dismissed by judgment and order dt. 6.9.2004 by the learned 1st Ad-hoc Additional District Judge, Bhandara. Thus, present appeal challenges the concurrent findings of facts recorded by the Courts below. The suit was instituted on the basis of permission granted by the Authorities under the C. P. and Berar Letting of Houses and Rent Control Order, 1949. Mr. Lalwani, Adv. appearing for the appellant has placed on record a copy of judgment and order dtd. 21st November, 2009 delivered in Writ Petition No.913 of 1999 by this Court. The order passed by the Additional Collector granting permission to determine tenancy has been set aside and order passed by the Rent Controller rejecting the application has been restored. Copy of the said judgment is marked as ‘X’ for identification. Mr. Dhole, Adv. appearing for respondent does not dispute this position. In view of the aforesaid factual aspects, the very foundation for institution of Regular Civil Suit No.82 of 1998 has been taken away. In view of this, the instant appeal needs to be allowed by setting aside the judgment and decree passed by the trial Court and maintained by the Appellate Court. In the result, the appeal succeeds. The judgment and order dtd. 5th March, 2001 passed by the learned 2nd Joint Civil Judge (Jr.Dn.) in Regular Civil Suit No. 82 of 1999 and the judgment 121sa710.04.odt 3 . and order dt. 6.9.2004 passed by 1st Ad-hoc Additional District Judge, Bhandara in Regular Civil Suit No. 45 of 2001 is hereby quashed and set aside. Reg. Civil Suit No.82 of 1999 stands dismissed. There shall be no order as to costs. JUDGE jais