SANWARMAL KEJRIWAL Vs. VISHWA COOPERATIVE HOUSING SOCIETY LIMITED

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant raised several defences, two of which may be noticed. He firstly contended that the so-called document of leave and licence in fact created a lease and, therefore, the proceeding under S. 91 (1) of the Societies Act was not competent. Secondly he contended that even if it is assumed that the relationship was of a licensor and a licensee under the deed, since he was in actual occupation and possession of the flat in question under a subsisting licence right from 1957 to 1st February, 1973 he was a statutory tenant under S. 15A of the Rent Act and was, therefore, entitled to protection from eviction till a competent court granted eviction on any of the grounds set out in Ss. 12 or 13 of the Rent Act. He, therefore, contended that the Co-operative Court had no jurisdiction under S.91(1) of the Societies Act and the proper court to approach was the one under S. 28 of the Rent Act, which the respondent No. 2 had in fact approached.

(3.) The Co-operative Court came to the conclusion that the relationship created under the document of leave and licence was that of a licensor and a licensee. On the question of tenancy under S. 15A the Court concluded as under :