A.B. Chaudhari, J.

This letters patent appeal is directed against the judgment and order dated 15.6.2009 passed by the learned Single in Writ Petition No. 4834 of 2008 dismissing the petition filed by the appellant.

2. This letters patent appeal was taken up for final disposal pursuant to an order made by this Court on 16.10.2009 notifying the parties that the same would be taken up for final disposal. When the appeal was called out before us on 4.10.2010 it was agreed between the parties that in terms of the said order dated 16.10.2009 the appeal should be disposed of finally as the age of the appellant is 89 years and the counsel for the appellant stated that the appellant has been fighting the litigation to get the plot since the year 1961. We accordingly proceeded to hear the appeal. On 6.10.2010 Mr.Ghare, learned counsel for respondents 1 and 2, raised a preliminary objection on the basis of our judgment in LPA 150 of 2010 (Kalpesh Hemantbhai Shah v. Manhar Auto Service) decided on 1.10.2010 wherein we held that in case of dispute between landlord and tenant under the Rent Control Act 1999 as per the decision of the apex court in the case of Shalini Shyam Shetty v. R