1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.788 OF 2004 The Municipal Corporation for Greater Mumbai. ..Petitioner. V/s. Smt.Savitribai S. Mane & Ors. ..Respondents. Mr.A.Y.Sakhare, Sr.Advocate i/b. V.K.Khatu for petitioner. Mr.S.K.Sthalekar for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The limited issue that needs to be clarified by this Court, which in fact is restating the settled legal position is that the Rent Court has no jurisdiction to dwell upon the issue of title and ownership of the property in question. The only issue that the Rent Court was expected to address is about relationship of the landlord and tenant between the parties; and if the Court was to accept the plea of the Plaintiff that he is the landlord, to consider whether the ground for eviction has been made out. No other aspect is relevant and can be addressed in 2 the Rent Act proceeding. Thus understood, the observations made by the two Courts below on the issue regarding title and ownership of the property referred to in the suit is concerned, the same is of no consequence and will have to be treated as effaced from the record. In other words, the Corporation is free to take appropriate action in respect of the property in question in accordance with the law on the basis that the said property has vested in the Corporation on account of provisions of the Maharashtra Slum Areas(Improvement, Clearance and Redevelopment) Act, 1971. 3. Insofar as the Corporation is concerned, though it is impleaded as Defendant in the Rent Act proceedings between the landlord and tenant, will be free to proceed in relation to the suit property in accordance with the law. That action will have to be considered on its own merits uninfluenced by any of the observations made by the Rent Court. 4. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)