Heard finally by consent.

2. The Appellant/original Plaintiff has challenged order dated 14.10.2013 passed by the learned Judge, City Civil Court, Borivali Division Dindoshi, Mumbai, whereby his Notice of Motion is dismissed.

3. The Plaintiff has filed Suit in view of notice under Section 351 of Mumbai Municipal Corporation Act, 1888 (MMC Act) dated 7 January 2013 and order dated 18 January 2013 passed by the Assistant Commissioner in respect of the suit premises. The Plaintiff, on the date of impugned notice/order, admittedly, being the owner of the suit premises i.e. Survey No.139A with structure, situated at village-Parle, taluka Andheri, doing the business of selling Marbles. The Appellant is in use, occupation and possession of the premises as per the rent receipt prior to 1.1.1995, initially as a tenant and later on by a Lease Deed dated 21.03.1997, and now in view of registered Conveyance dated 6 May 2004, the owner of the property.

4. The notice under Section 351 of MMC Act called upon the Applicant to give details and explanation with regard to the alleged unauthorised structure on the ground and first floor (the suit premises). It was replied on 11.01.2013 alon