MAHIBUBSAHEB ABDUL RAHIMAN HADDIWALA Vs. IDDHESHWAR DEVASTHAN

JUDGEMENT

(1.) WAS the original defendant deceased Mahibubsaheb Abdul Rahiman Haddiwala - a licensee of open plot admeasuring 16 x 70 situated in the municipal limits of Solapur since 1972 - entitled for the protective umbrella of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (`the Act)? Both the courts below have held against him and hence this second appeal by his legal heirs against the judgment and decree for possession.

(2.) BY Maharashtra Act No. 17 of 1973, section 5 (11) defining the word "tenant" was amended and new section 15-A was inserted in the Act with effect from 1st February, 1973. By Clause (bb) of section 5 (11), one more new category of statutory tenant was brought into being. The said category is -

(3.) IT is clear that under the new scheme only those licensees who are deemed to be tenants under section 15-A would acquire the status of statutory tenants under section 5 (11 ). These licensees, in order to successfully claim the protection of the Act must satisfy these conditions. They must be (i) licensees as defined by section 5 (4a) of the Act; (ii) in occupation on or before 1st February, 1973 and (iii) in occupation of any premises or any part thereof which is not less than a room. That the deceased Mahibubsaheb Haddiwala fulfilled first two of these conditions is undisputed. Controversy hinges round the third condition.