FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.6311 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.P.N.Karlekar, for the petitioner. Mr.P.K.Dhakephalkar, senior counsel i/b Mr Yadunath Choudhary, for the respondent. CORAM: D.B.Bhosale,J. DATED: 21.02.2008 P.C.: Heard learned counsel for the petitioner and Mr Dhakephalkar, learned senior counsel for the respondent. This writ petition arises from concurrent findings recorded by the courts below in the suit filed by the petitioner seeking declaration that he is a sub-tenant in respect of the suit premises and is protected under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The petitioner also prayed for injunction restraining the defendant from dispossessing the petitioner without due process of law. Both the courts below have held that the petitioner-plaintiff has failed to prove that he is a sub-tenant and is protected under the provisions of the Act. There is no dispute that the petitioner is in a settled possession of the suit property and the courts below have also recorded a finding to that effect. I view of this, Mr Karlekar, learned counsel for the petitioner, submits that under any circumstances the petitioner’s possession in the suit property cannot be disturbed or he cannot be dispossessed without due process of law. This submission of Mr karlekar has not been and could not be seriously opposed by the respondent. Mr Karlekar has not raised any other contention. In the circumstances, I am satisfied, this petition can be conveniently disposed of with the following observation. The respondent shall not disturb the possession of the petitioner and/or shall not dispossess the petitioner from the suit premises without following due process of law. The writ petition is disposed of. (D.B.Bhosale, J.)