*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4047/2009 Hanumant Malharrao Kulkarni. ..Petitioner -VERSUS- Ratnakar Kashinath Chandorkar and others. ..Respondents ............... Ms.Kiran Bhagalia, Advocate i/b Ms.Asha Bhambwani, for the Petitioner. Mr.S.S.Kulkarni, Advocate for the Respondent No.1. ............... CORAM: A.P. DESHPANDE, J. Dated 04th December, 2009. PC:- 1 Aggrieved by an order passed by the District Judge in an appeal preferred by the tenant, rejecting the application for amendment of the Written Statement, the present Writ Petition is filed. 2 The Respondent instituted a suit for possession. It is undisputed that the Petitioner has been paying rent to the Respondent. In the Written Statement the Petitioner/ Defendant has not denied the ownership of Respondent/ Plaintiff, thus, in the first place the ownership was not denied nor it is in dispute that the Petitioner has been paying rent to the Respondent. At appellate stage, with a view to deny the entitlement of the Respondent as landlord the said amendment application was moved. The first *2* Appellate Court has rejected the same and rightly so, in my view. 3 The learned counsel for Petitioner has submitted that unless and until a person is entitled to receive rent, he does not satisfy the test of “landlord”. 4 In my view, the submission is wholly misconceived inasmuch as the “landlord” has been defined so as to mean a person, who is for the time being, receiving or entitled to receive rent in respect of any premises. Thus, the definition of “landlord” makes it amply clear that even if a person is receiving rent, he satisfies the definition of “landlord”. 5 The learned counsel for Petitioner has placed reliance on the judgment reported in 2003(1) All MR 446 (Chandrasekhar Narayan Tambe vs. Dhondusa Sitaram Pawar (deceased), to contend that the position is otherwise. 6 The said judgment is rendered in the peculiar facts of that case and the same does not advance the case of Petitioner any further. 7 In the result, there being no merit in the petition, the same is dismissed. (A.P. Deshpande, J)