Aggrieved applicant is the original landlord. He is aggrieved because of the fact that he earned decree of eviction against the tenant before the Trial Court under Section 13(1)(e) of the Act, however, the said decree came to be erased by the lower Appellate Court.

2. Therefore, the applicant has challenged the judgment and order dated 15th September, 2004 of learned Joint District Judge, 3rd Fast Track Court, Patan being Regular Civil Appeal No.74 of 2002 (Old No.59 of 1999), by filing the present Revision Application under Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Act).

3. Gathering the relevant facts at the outset, the applicant herein instituted Regular Civil Suit No.28 of 1992 before the Court of learned 2nd Joint Civil Judge (J.D.), Patan seeking decree of eviction on the grounds of arrears of rent as well as on the ground that tenant had put up permanent construction in the premises without his permission. The ground of erecting permanent structure under Sec. 13(1)(b) of the Act was the only ground survived before both the Courts below.

3.1 It was the case of the plaintiff-landlord in the plaint th