/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2988 OF 1989 Messrs Prethvi Brothers, a Registered Partnership Firm ...Petitioner V/s. Shri Sharadchandra Janardan Hirve & Ors. ...Respondents Shri.R.R. Bhosale for Petitioner. Shri.P.K. Hushing for Respondents. CORAM : V.M. KANADE, J. DATED : 14th MARCH, 2008. P.C:- 1. Heard learned counsel for the Petitioner and learned counsel for the Respondents. 2. Petitioner is the original Plaintiff and the Respondents are the original Defendants. The Petitioner had filed a suit in the Small Causes Court, Pune seeking a declaration, possession and permanent injunction / 2 / against the Respondents. It was the Plaintiff's case that they were tenant of the Defendants and were in possession and occupation of the suit premises. It was further case of the Plaintiff's that the builders had been pressuring the Plaintiff and other tenants to vacate the suit premises. The Trial Court decreed the suit and directed the Defendants to deliver possession of the premises to the Plaintiff. Being aggrieved by the judgment and order of the Trial Court, Defendants/Respondents preferred an appeal before the District Court, Pune. This appeal was allowed by the District Court and the suit was dismissed. Being aggrieved by the said judgment and order of the District Court, the Petitioner/original Plaintiff has preferred this writ petition under Article 227 of the Constitution of India. 3. It is an admitted position that the suit premises are no longer in existence since the building in which the premises were situated collapsed. Defendants, thereafter, have constructed a new building on the said premises. The District Court has held that since the building is not in existence, relationship of landlord and tenant also has ceased to exist and on that ground the suit of the Plaintiff dismissed. / 3 / 4. I have perused the judgment and order of the District Court. No case is made out for interfering with the judgment and order of the District Court while exercising writ jurisdiction under Article 227 of the Constitution of India. Hence, writ petition is dismissed. Rule is discharged with no order as to costs. V.M. KANADE, J.