JUDGMENT 1. Rule. Heard the learned Counsel for the parties immediately. 2. The respondent, who is the landlord, had filed Regular Civil Appeal No.95/1991 for eviction and possession on several grounds. The trial Court passed the decree in favour of the landlord under Section 13(1)(hh)of the Bombay Rents, Hotel and Lodging House Rats Control Act, 1947 (in brief, "Rent Act") on the ground that the landlord wanted the premises for the purpose of erecting new building on the premises sought to be demolished. The defendant preferred Civil appeal No.137 of 2000. That appeal was dismissed confirming the decree of eviction on the said ground. 3. The learned Counsel for the revision-petitioner/tenant, points out that when the suit for eviction is to be filed on the said ground under Section 13(1) (hh) of Rent Act, it is necessary that the procedure laid down in sub-sections (3A) and (3B) of Section 13 should be followed. Sub-section (3A) requires that no decree for eviction shall be passed on the ground specified in clause (hh) of sub- section (1), unless the landlord produces at the time of the institution of the suit, a certificate granted by the Tribunal under sub-section (3B) and gives an undertaking that the new building shall contain not less than two times the number of residential tenements, and not less than two times the floor area, contained in the premises sought to be demolished, that the work of demolishing the premises shall be commenced not later than one month and shall be completed not later than three moths, from the date he recovers possession of the entire premises and that the work of erection of the new building shall be completed by him not later than fifteen months from the said date. Sub-section (3B) provides that for the purpose of sub-section (3A), the State Government may from time to time constitute a Tribunal consisting of such persons and for such local area as it thinks fit. The Tribunal may grant a certificate after being satisfied with the plans and estimates for the new building have been properly prepared, the necessary funds for the purpose of the erection of the new building are available with the landlord and such other conditions, as the government may by general or special order specify, have been satisfied. The Tribunal may grant a certificate after being satisfied with the plans and estimates for the new building have been properly prepared, the necessary funds for the purpose of the erection of the new building are available with the landlord and such other conditions, as the government may by general or special order specify, have been satisfied. Under Section 17B, a tenant has also right to give notice to landlord of his intention to occupy tenement in new building Section 17C requires the landlord to give intimation to the tenant about the date of completion and tenant's right to occupy tenement in the new building when the possession of the premises has been obtained by the landlord on the basis of decree under Section 13(1)(hh). The learned Counsel for the revision-applicant pointed out that neither there was any pleading by the plaintiff-landlord nor any document was produced to show that any such permission was obtained from the Tribunal before filing the suit under Section 13(1)(hh) nor an undertaking as required under Section 13(1)(hh) was filed before the Court. The learned Counsel for the plaintiff/respondent could not point anything from the record that such procedure was followed. It appears that this aspect was not considered by the Courts below and as the procedure laid down in Section 13(1)(hh) and Section 13(1)(3A) and (3B) has not been followed, the decree for eviction could not have been passed on the ground that the landlord required the premises for demolition and for reconstruction of new building. 4. For the aforesaid reasons, the Revision Application is allowed and the decree passed by the Courts below for eviction under Section 13(1)(hh) is hereby set aside. There shall be no order as to costs.