1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1793 OF 2009 IN CIVIL WRIT PETITION NO.4442 OF 2006 Amin Yakub Habib .. Applicant Versus M/s.Liberty Stores & Anr. .. Respondents Mr.J.S.Kini i/by Mr.Suresh Dubey for the applicant. CORAM : A.S.OKA, J. DATE : 12 th August 2009. P.C.: . Heard learned advocate for the applicant. The applicant is the petitioner in the writ petition who is the original landlord. The applicant filed a suit against the respondent for eviction under the provisions of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947. The suit was filed on the ground of bonafide requirement as well as other grounds. The suit was decreed by the trial Court. In an appeal preferred by the respondent-tenant the decree for possession has been set aside. The decree of the Appellate Court is the subject matter of challenge in the writ 2 petition which has been admitted for final hearing. The prayer in this application is for directing the respondents to pay mesne profits. As of today there is no decree for possession in favour of the applicant as the respondents- tenents are protected by the provisions of the said Act of 1947. There is no termination of tenancy unless there is a decree for possession passed under any of the grounds of the said Act of 1947. As of today, the decree passed by the trial Court for eviction stands set aside. In the circumstances, the prayer for mesne profits cannot be granted as of today. Application is rejected. Hearing of the writ petition is expedited. (A.S.OKA,J)