PARVATI KEWALRAM MOORJANI Vs. ANAND MOHAN KUNDU

JUDGEMENT

(1.) THE suit is for (a) a declaration that the defendant is a trespasser in respect of the suit premises, (b) a mandatory order ordering the defendant to remove himself from the suit premises, (c) a decree for Rs. 9,800/- as mesne profits/compensation for the period from 1st March, 1973 to July 1975 at the rate of Rs. 350/- per month, and (d) future mesne profits.

(2.) THE suit premises are the residential premises being Flat No. 34/c, Geeta Bhavan, 93, Warden Road, Bombay-26. It appears that the flat is situate in a building owned by a co-operative housing society, but for all our purposes the plaintiff may be considered as the owner of the suit premises. The defendant has been occupying the suit premises and using the same for the residence of himself and his family ever since 1st September, 1962. However, every eleven months the parties have been signing an agreement termed "leave And Licence Agreement". The last of such agreements which is dated 1-11-1971 is at Exhibit `a-11 (copy is at Exhibit `a to the plaint) and the 16 terms contained therein are as follows :

(3.) THE defence of the defendant is as follows : The relationship between the plaintiff and the defendant is that of landlord and tenant and since the suit relates to the recovery of possession of the premises let out by the plaintiff to the defendant this Court would have no jurisdiction to entertain and try the suit. Alternatively the relationship between the plaintiff and the defendant is that of a licensor and licensee which was subsisting as on 1st February, 1973 and, therefore, also this Court would have no jurisdiction to entertain and try the suit.