DAVID JOSEPH GUIDO Vs. A C FERNANDES

JUDGEMENT

(1.) These appeals, by Special Leave, are directed against the common order of the Bombay High Court in Civil Revision Application Nos. 1043/94 and 515/96, dated 31st July, 1998.

(2.) The Appellant was a member of the Armed Forces of the Union of India. He filed an application under Section 13-A1 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, 'the Act') seeking eviction of the Respondent-tenant from flat No. 3, 'shamrock', TPC IV, Santacruz, Bombay (for short, 'flat in question'). His plea before the Competent Authority was that he was the owner of the flat in question by virtue of the sale deed executed by his father in his favour on 10th May, 1985 and had also produced the requisite certificate from the concerned authority; he, therefore, prayed that the Respondent be evicted and he be put in possession of the said flat. The Respondent contested the petition, inter alia, on the ground that the Appellant is not the landlord and there exists no relationship of landlord and tenant between them. The Competent Authority, in the first instance, being satisfied with the requirements of Section 13 A1 of the Act, ordered eviction of the Respondent from the flat in question by judgment dated 18th October, 1994. The Respondent carried the matter in revision (C. R. A. 1043/94) before the High Court. On his prayer for leave to file additional documents to show that the Appellant is not the owner of the flat in question and that the relationship of landlord and tenant does not exist between them, the High Court considered it fit to grant leave and call for a finding on issues 3 (a) and 3 (b) , which are as follows:

(3.) The High Court permitted the parties to lead evidence before the Competent Authority.