DINESH VASANTRAI BHUTA Vs. VASANTBEN HARVILAS JANI

JUDGEMENT

(1.) On 29 th August, 2011, the hearing of the Petition was concluded and the Judgment was reserved.

(2.) RULE. Rule made returnable forthwith and heard by consent of the parties. Mr. Vani, Advocate for the Respondent waives service.

(3.) The Petitioner is the Original Plaintiff in RAD Suit No.35 of 1998 which has been filed in the Court of Small Causes at Mumbai under Section 28 of the Bombay Rent Act, 1947. It is the case of the Plaintiff that he is the monthly tenant of the Defendant/ Landlord in respect of the flat ad measuring 2121 sq. feet on the ground floor of the building known as "Asmita" at Vile Parle (W), Bombay. The Plaintiff has pleaded that the suit premises were let out to him in the year 1969 and it is his further case that though the rent was agreed to be Rs.1,300/ per month, the Defendant stated that if the rent is shown high, property tax would be charged at higher rate, that a Leave and License Agreement was kept ready by the Defendants which showed that a near relative of the Defendant named Mr. Fulshankar L. Joshi was shown as Licensor and the Plaintiff was shown as a Licensee. It is the case of the Plaintiff that this document was created as camouflage.