RAMUBEN BHIMJI Vs. PADMABAI

JUDGEMENT

(1.) WHETHER the Agreement of 1/12/1962 created a licence or a lease is a short question that arises for determination in the present Appeal.

(2.) THE learned Judge of the trial Court by his impugned judgment and decree was pleased to hold that the transaction between the parties was one of a lease and the defendants were protected by the provisions of the Bombay Rent Act. Consequently, the suit of the appellants/ plaintiffs for possession was dismissed. Being aggrieved by the said decree, the plaintiffs have preferred the present Appeal.

(3.) AN Agreement dated 1/12/1962 was entered into between one Bhimji Karson, the husband of the first plaintiff and the father of the plaintiffs Nos. 2 to 5 on the one hand and one Damodar Govind, the husband of the defendant No. 1 (a), whereunder the latter was granted leave and licence to occupy a portion of a larger plot viz. 18 ft. x 50 ft. in the premises situate on S. V. Road, Goregaon (West), Bombay-400 062. A Copy of the Agreement is Exhibit C to the Plaint. The licence is for a period of eleven months. An amount of Rs. 30. 00 per fortnight was made payable by way of licence fee.