1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LPA No.172/2008 in Writ Petition No.5958/2007 Prakash s/o Puanchand Agrawal through is L.Rs. and others vs. Smt. gitabai wd/o ramkaran Sarda and others. ---------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's order Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------------ Coram : A.P. Lavande And Prasanna B. Varale, JJ. Dated : 10th February, 2009. Heard Mr. S.C. Mehadia, learned counsel for the appellants and Mr. V. Bhangde, learned Counsel for the respondents. This appeal is directed against the order dated 20th February, 2008 passed by the learned Single Judge dismissing Writ Petition No.5958/2007 against the orders passed by the authorities under Maharashtra Rent Control Act (hereinafter referred to as “the Act”) allowing the suit filed by the respondents-landlord against the tenants. The only ground urged by Mr. Mehadia in the present appeal is that the notice issued under Section 106 of the Transfer of the Property Act was not proper and, therefore, the entire proceedings for eviction against the appellants were not maintainable. 2 Per contra, Mr. V. Bhangde, learned counsel appearing for the respondents submitted that the notice issued by the respondents 1 to 4 to the appellants was in consonance with Section 106 of the Transfer of Property Act. Having heard learned counsel for the parties and having perused the record, we are of the considered opinion that no case has been made out by the appellants for interference by this Court against the impugned order. Perusal of the record, more particularly, the notice issued under Section 106 of the Transfer of the Property Act discloses that the same cannot be termed as contrary to Section 106 of the Transfer of the Property Act. It is to be noted that Section106 of the Transfer of the Property Act was amended with effect from 31.12.2002 and the notice in the present case was issued on 18th March, 2004. This being the position, we do not find any merit in the submission of Mr. Mehadia. Hence, the appeal is dismissed with no order as to costs. JUDGE JUDGE Ambulkar.