LAKHI RAM Vs. VLDYUT CABLE AND RUBBER INDUSTRY

JUDGEMENT

(1.) The only question that arises for decision in this appeal by special leave is whether the defendant is the tenant of the plaintiff in respect of the suit premises as contended by, the defendant or is a mere licensee as pleaded by the plaintiff

(2.) The plaintiff obtained on lease certain land in Goregaon in the city of Bombay. Therein he constructed a shed in 1960 which according to him cost him about Rs. 20,000/-. He separated a portion of that shed measuring about 1475 Sq. ft. and gave it to the defendant under Exh. A dated February 1, 1960 for starting some industry on a rent of Rs. 460/- per month. The plaintiff sued for the possession of that premises on February 8, 1961 on the allegation that the defendant was a mere licensee. The defendant resisted the suit contending that the premises had been leased to it and that it is entitled to protection under the provisions of the Bombay Rent Hotels and Lodging House Rates Control Act, 1947.

(3.) Both the trail court and the High Court have come to the conclusion that Exh. A evidences a lease and that the defendant is a tenant under the plaintiff. They have further come to the conclusion that the defendants is in exclusive possession of the premises in question. At the same time they have rejected the defendants plea that it did not come into possession of the suit premises under Exh. A; the said deed was merely a make believe document and it came into possession of the premises under an oral lease.