1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.428 OF 2009 Mohan Valji Nakum. ..Applicant. Vs, M/s.Shraddha Corporation and anr. ..Respondents. Mr.S. R. Mishra for the Applicant. Mr.V.R.Walavalkar i/by Sameer Bhalekar for the Respondent No.1. CORAM : R.S. MOHITE, J. DATE : 5/10/2009 PC : 1 This is a civil revision application filed by the original plaintiff impugning the decree of eviction passed by the Small Causes Court. It is contended on behalf of the applicant that plot of land in question was wrongly mentioned by the plaintiff as an open plot of land. It is the case of the defendants that on the date of filing of the suit there was residential structure existing on the suit land and therefore, the plaintiff s suit was not maintainable as the premises in question was governed by Maharashtra Rent Control 2 Act, 1999. On perusal of the record, I find that though such contentions were taken in the written statement there is no construction permission which has been produced on record by the plaintiff. The IOD produced is of the year 2005. Advocate appearing for the applicant strongly relied upon consent terms which were filed in an earlier suit with earlier landlord. It is seen that, those consent terms pertain to four plots of land and the construction therein refers to Plot No.48. In the present case, we are concerned with Plot No.46B which is numbered as final plot NO.151. The consent terms therefore, do not support the case of the applicant. There is concurrent finding of fact that there was no structure when the suit was filed. In this view of the matter, there is no substance in the CRA and therefore, CRA is rejected. 2 Advocate for the applicant states that he would like to challenge this order in the Apex Court. In the circumstances, decree not to be executed subject 3 to usual undertaking to be filed by the applicant in this court stating that he is in exclusive possession of the suit plot and that he will not create any third party right or part with possession of the suit plot or any part thereof. On the undertaking being filed, decree will not be executed for a period of eight weeks from today. Undertaking to be filed within one week from today. ( R.S.MOHITE, J. )