AMITABH RAMSHARAN NIGAM Vs. AMIT RGHUNANDAN SARAN SHARMA

JUDGEMENT

(1.) The question that arises for consideration in this petition is, as to whether the petitioner satisfied requirement of Section 43(4)(a) of the Maharashtra Rent Control Act, 1999, so as to claim that he was entitled for seeking leave to defend, in a proceeding initiated by the respondents for eviction of the petitioner from the suit house i.e. Flat No.102 at 18, Bless Apartments, Plot No.60, Shivaji Nagar, Nagpur.

(2.) The respondents filed an application under Section 24 of the aforesaid Act, seeking recovery of possession of the aforesaid flat from the petitioner on expiry of leave and license agreement between the parties. It was the case of respondents that they had given the said flat on leave and license to the petitioner, initially for a period between 01/07/2017 to 31/10/2017, which was extended to 31/03/2018 and finally for further period of 04 months upto 31/07/2018. Registered agreement of leave and license was executed between the parties for the said purpose.

(3.) According to the respondents, the petitioner failed to comply with the terms of payment as agreed under the leave and license agreement and the petitioner also failed to vacate the said flat upon expiry of the license period. In this backdrop, the respondents sent a legal notice to the petitioner on 29/09/2018, asking the petitioner to handover vacant and peaceful possession of the flat and to pay the dues towards agreed rent along with interest, as also damages @ Rs.1500/- per day for having occupied the flat beyond the period of leave and license agreement. On 12/10/2018, the petitioner sent his reply to the said notice, contending that there had been talks of purchase of the said flat by petitioner from the respondents and on that basis certain claims were made against the respondents. On 25/10/2018, the respondents sent a counter reply/rejoinder to the petitioner denying the claims made by him. In this backdrop, on 22/11/2018, the respondents filed the aforesaid application under section 24 of the said Act against the petitioner before the Competent Authority under the said Act at Nagpur for the following prayers.