LAWS(ALL)-1995-2-13

AQUILA SARFARAZ Vs. TAUFIQ AHMAD NIZAMI

Decided On February 13, 1995
AQUILA SARFARAZ Appellant
V/S
TAUFIQ AHMAD NIZAMI Respondents

JUDGEMENT

(1.) M. Katju, J. This second appeal has been filed against the impugned judgment of the lower appellate court dated 23- 12-1994.

(2.) HEARD Sri Jagdish Prasad, learned counsel for the appellants and Sri R. H. Zaidi, learned counsel for the respondent.

(3.) A reading of the above provision shows that Section 14 does not say that a licensee becomes regularised a tenant. He only becomes an authorised licensee, Section 2-A (1) states:- "notwithstanding anything contained in this Act, a person occupying a building as owner or as tenant or in any other capacity (hereinafter in this section referred to as licensee) may permit any other person (hereinafter in this section referred to as licensee to occupy for purely temporary residential accommodation for a period not exceeding three months without any order of allotment under Section 16 : Provided that intimation of the grant of such licence shall be given jointly by the licensor and the licensee to the District Magistrate within one month from the date of occupation of the building or part by the licensee : Provided further that the District Magistrate may by order extend the maximum period of such temporary occupation upto 6 months aggregate (including the original period of occupation : Provided also that similar licence shall not be granted again to any other person in respect of the same building or part within a period of one year from the date of vacation of the building or part by the last licensee. "