M VIJAYAN Vs. LAJPATRAI G JASANI

JUDGEMENT

(1.) The suit premises consist of a small garage located on Telang Road in Matunga area of this metropolitan city. The respondent herein claims to be the tenant of the suit premises and he further claims that he had given front portion of the said garage to the petitioner herein on leave and licence basis for conducting a tailoring shop since the parties were known to each other for some time. It is categorically stated that no lease-hold rights were created in favour of the petitioner on any count. The licence was revoked by the plaintiff by the notice dated 22nd August, 1969 under which the petitioner was called upon to hand over vacant possession of the suit premises and on his failure to comply with the said demand, the plaintiff that is, the respondent herein filed Ejectment Application No. 707/E/69 in the Small Causes Court at Bombay.

(2.) The defences were filed by the petitioner raising several contentions, the foremost of which is more relevant, is to the effect that in reality he was the tenant of the plaintiff and the claim of creation of leave and licence was denied. The other aspects of the contentions are not very material.

(3.) A preliminary issue was then framed by the learned trial Judge as to whether it was proved by the petitioner herein, that is, the original defendant that he is the tenant of the suit premises and as such, he was entitled to the protection under the Rent Act. On consideration of the material that was tendered before the learned Judge, he answered the issue in affirmative in favour of the defendant declaring him to be the tenant, with the consequence that the suit was to be heard on merits on the other issues.