1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 311 OF 2010 Devidas S/o. Yadav Baviskar ...Petitioner Versus Ananda S/o. Maroti Jagdale, deceased through LRs Smt. Sushilabai wd/o. Anandrao Jagdale and others Respondents Mr. V.J. Dixit, Senior counsel for the appellant CORAM : D.B. BHOSALE R.M. BORDE,JJ.. DATE : 1ST FEBRUARY, 2011. PER COURT : 1] Heard learned counsel for the appellant . 2] By this letters patent appeal, the appellant/landlord has impugned the order dated 14.9.2010 passed on the Review Application No. 130/2010, whereby the learned Single Judge has modified the judgment and order dated 8th July, 2010, passed in W.P. No. 2587/1992 and 193/1993. The respondent-tenant sought review of the order dated 8th July, 2010, on the ground that his right to re-enter the premises after new construction is complete, was not considered by the courts below as contemplated under Section 16 of the Bombay Rents, Hotel and lodging House Rates Control Act, 1947 (Hereinafter referred to as” the said Act” for sake of brevity). Section 16(1) of the said Act, casts a duty on the court while passing a 2 decree on the ground specified in clause (h) of sub-section (1) of Section 13, to ascertain from the tenant, whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elect, shall record the fact of election in the decree and specify in the decree the date on which, he shall deliver possession so as to enable the landlord to commence the work of repairs. It appears that this provision and the right of the tenant was not considered at any point of time till disposal of the writ petition, vide judgment and order dated 8th July, 2010. In view thereof, the review application was filed and, in our opinion, it is rightly allowed by the learned Single Judge, keeping in view the provisions of Section 16 of the Act. Hence, the Letters Patent Appeal is dismissed. . At the request of learned counsel for the appellant, the time to submit plans as per the order passed by this court dated 14th September, 2010 is extended by four months. [R.M. BORDE,J] [D.B. BHOSALE,J.] grt/wp