ALBAN JOSEPH GONSALVES Vs. RALLIS INDIA LTD

JUDGEMENT

(1.) HEARD Advocate for the petitioner, who is the original owner of the property and, the Advocate for the respondent, who was the licensee. This revision is directed against the order of the Competent Authority established under s. 31 of the Bombay Rents, Hotel and Lodging House Rates control Act, (hereinafter referred to as "the Bombay Rent Act" ).

(2.) THE petitioner, who is the owner of the property, has given his property, situated at Plot No. 68 of Town Planning Scheme No. III, Bandra, mumbai admeasuring 1330 sq. ft. and so, on leave and licence basis under the written agreement first time on 15. 1. 1967 and from time to time the agreement of leave and licence came to be continued followed by subsequent written agreement. For the first time in June, 1996 the respondent started asserting that they are the protected tenant and they would not enter into fresh agreement of leave and licence. Therefore, at the instance of petitioner, an application came to be moved under s. 13a of the Bombay rent Act, 1947 before the Competent Authority for eviction on the basis of written agreement of leave and licence.

(3.) THE respondents raise a plea of being protected tenant under s. 15a of the Act of 1947. His contention was upheld by the Competent Authority and, therefore, this Revision.