JASMEET HOON Vs. RITA JOHAR

JUDGEMENT

(1.) RULE, returnable forthwith. Respondents waive service. By consent, petition is taken up for final hearing forthwith.

(2.) THE petitioners seek to impugn the validity of two orders dated 16-6-2000 passed by the Competent Authority, Konkan Division, Mumbai. The first order has been passed rejecting an application filed by the petitioner herein for setting aside an order closing the evidence. The second order has been passed allowing the application filed by the respondents herein under section 13-A (2) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 and decreeing the eviction of the petitioner to whom the premises have been held to have been granted under a Leave and Licence Agreement of 1st October, 1989. The circumstances in which the Competent Authority declined to accede to the request of the respondents to reopen the order closing the evidence will be adverted to hereinafter. The relevant facts, briefly stated, are as follows :

(3.) ON 1st September, 1987 an Agreement was entered into between the petitioner and the 1st respondent ("the Respondent" for brevity), by virtue of which the petitioner was appointed as a "caretaker" of a residential flat, being Flat No. 51, situated on the 5th floor of a building known as "sea Breeze Apartments" situated at Bullock Road, Band Stand, Bandra, Bombay. The term of the Agreement under Clause 2 thereof was three years and it was provided that the petitioner would pay monthly compensation in the sum of Rs. 4000/ -. Clause 7 of the Agreement stipulated that the respondent shall have an unfettered right of access and entry and the owner, the 1st respondent herein, shall retain control over one bed room for occasional residence in the flat at her discretion.