MANISH PITALE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

2. The present writ petition arises out of execution proceedings initiated by the petitioner wherein, by the impugned order, the Court of Additional Judge, Small Causes Court, Nagpur (trial Court), has rejected an application at Exh.51 filed on behalf of the petitioner. By the said application, the petitioner had prayed for issuance of possession warrant along with police aid for taking possession of property in terms of decree passed in his favour.

3. The petitioner (original plaintiff) purchased immovable property admeasuring 5149 sq. ft. consisting of a plot and a small structure constructed thereon at Jalalpura, Nagpur, by registered sale deed dated 08.11.1995. In the year 1999, the respondent (original defendant in the present proceedings) had filed a suit bearing Regular Civil Suit No. 1956 of 1999 for declaration and permanent injunction against the petitioner in respect of the said property claiming that her husband had been inducted as a tenant in the said premises for a period of five years and that she had continued in possession thereof. In the said suit, the respondent had raised many issues, including her right to continue as a tenant in the suit premises after the demise of her husband, the aforesaid sale deed dated 08.11.1995 executed in favour of the petitioner as being fabricated and illegal, claiming declarations to that effect and also a decree of permanent injunction not to be dispossessed from the said property. In the said suit, the petitioner and others being defendants, had moved an application for temporary injunction, making a prayer that the respondent be restrained from obstructing and interfering in construction activity proposed to be undertaken by the petitioner and other defendants on the said property. The said application was granted by the Court with a specific direction to the petitioner and other defendants not to disturb possession of the respondent in an area of 700 sq.ft. in the aforesaid plot admeasuring 5149 sq.ft., which was in possession of the respondent.

4. On 06.03.2007, the Court of 7th Joint Civil Judge, Junior Division, Nagpur, dismissed the suit filed by the respondent giving specific findings that the respondent was not entitled to continue in possession of the said property after the demise of her husband and that she had failed to prove that the aforesaid sale deed dated 08.11.1995 was fabricated or illegal. The Court also gave findings against the respondent on the question of threats given by the petitioner of dispossessing her and the declaration and permanent injunction as sought by her. The said judgment and order passed by the Court against the respondent dismissing her suit attained finality.

5. Thereafter, on 17.10.2007, the petitioner filed suit for ejectment, possession and for perpetual injunction against the respondent before the Court of Small Causes, Nagpur, under Section 16 of the Maharashtra Rent Control Act, 1999. The suit property was specifically stated to be the aforesaid 5149 sq. ft. of land situated at Jalalpura, Nagpur. In the schedule of property, the four boundaries and other details of the suit property were stated. The petitioner prayed for ejectment of the respondent from the structure admeasuring 700 sq.ft. situated on the aforesaid plot of land, which was in possession of the respondent and he also prayed for grant of perpetual injunction restraining her from undertaking any construction activity of a permanent nature in the suit premises. The respondent in her written statement stated that she was in possession of the aforesaid structure admeasuring 700 sq.ft. in the suit premises and she resisted the prayers made on behalf of the petitioner. The Court of Additional Judge, Small Causes Court, Nagpu