1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.832 OF 2009 Sitabai T. Chikane ..Appellant versus The Maharashtra Housing & Area Development Board ..Respondent Mrs.Kranti Hiwrale i/b. Aparna Murlidharan for the appellant None for the respondent CORAM : R.Y.GANOO, J. DATE : 13th JULY, 2009. P.C: 1. The appellant claims that she was entitled for two tenaments in the newly constructed building and she filed a declaratory suit in the City Civil Court at Bombay being Short Cause Suit No.300 of 2003. The learned Judge of the City Civil Court dismissed the said suit on 13.4.2009. Against this judgment and decree dated 13.4.2009 the appellant has filed this first appeal. 2 2. The learned Advocate for the appellant contended that because the appellant was in possession of two rooms, the appellant is entitled to two tenaments. This stand of the appellant was negatived by the trial court by observing that though the appellant was in possession of two rooms, the tenancy rights were reflected in only one receipt i.e. the rent note was for one premises consisting of two room. The said observation is found in para 9 of the impugned judgment. If this is the position then the appellant is not entitled for one more tenament in the newly constructed building . It cannot be said that for every room which is occupied by a person one room would be available to the person. Normal principle is for a particular area occupied under one rent receipt can be taken into consideration for the purpose of considering the claim of a particular person for accommodation in the newly constructed premises. In view of the aforesaid observations, the view taken by the 3 learned Judge is correct and no interference is required and the first appeal is required to be dismissed at the stage of admission. Hence the Order. 3. First appeal is dismissed at the stage of admission. There shall be no order as to costs. 4. In view of the dismissal of the first appeal, Civil Application No.2343 of 2009 does not survive and the same is dismissed with no order as to costs. (R.Y.Ganoo, J.)