R A DIAS Vs. SUSHILA ANAND KADAM

JUDGEMENT

(1.) Heard the learned advocate for the petitioner. None present for the respondents, though served. Perused the records.

(2.) The petitioner challenges the judgment and orders passed by the Courts below dismissing the suit filed for eviction of the respondents on the ground as provided under Section 13 (1) (f) of the Bombay Rents, hotel and Lodging House Rates Control Act, 1947, hereinafter called as "the said Act".

(3.) Few facts which are relevant for the decision are that, the petitioner is a tenant in relation to the premises situated on the ground floor of House no. 5, Dr. Coyaji Road, Pune. The said premises were provided with a servant quarters attached thereto and the said servant quarters form the suit premises in the case in hand. According to the petitioner, the suit premises were allowed to be occupied by the respondent No. 1 in her capacity as the petitioner's servant without any payment of rent since December, 1976, whereas, it is the case of the respondents that they are in occupation of the suit premises since 1966 by virtue of a lease/license granted to them by the earlier tenant Shri Thomas Mathai in respect of the premises which are now in occupation of the petitioner.