1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4079/2009 (Moinul Hasan Zaharul Hasan and others .vs. Smt. GraceLucas Dainal) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 04, 2009 Heard. The petitioner tenant contends that respondent is not his landlady. The objection taken at very threshold is pointed out. Advocate Shri Patil for respondents has shown that said objection was considered and the Rent Controller in proceedings under Clause 13 of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, has found relationship of landlord and tenant. That order was assailed before the appellate court under Clause 21 of the said Rent Control Order and thereafter, in High Court. The finding, therefore, according to Advocate Shri Patil, has attained finality. Thereafter, again in the civil suit filed for eviction after issuing notice under Section 106 of the Transfer of Property Act, same objection was again raised and it 2 has been considered by the Small Cause Court and Appellate Court. Advocate Shri Dhoble for petitioner still wants to show that objection can be gone into in this Court in present writ petition, which challenges the order of eviction passed by the learned Small Cause Court and order of Appellate Court. It is apparent that the ground sought to be raised is misconceived. Perusal of impugned judgment of Small Cause Court reveals that the certified copy of Sale Deed and Index II Register in relation to purchase of property was filed by the respondent. Similarly, the petitioner has not paid rent during the period in dispute to even earlier owner, namely Smt. Alis. In these circumstances, I am not inclined to interfere in the matter in writ jurisdiction. Writ Petition is accordingly dismissed. No order as to costs. JUDGE diwale.