SNEHAL SHAILESH BORANA Vs. ADDITIONAL DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for final MEGHA SHREEDHAR PARAB disposal.

(2.) Petitioner has challenged orders dtd. 2/11/2023 passed by the Competent Authority, Rent Control Act Court, Konkan Division, Mumbai, directing him to handover possession of the Flat to Respondent Nos. 3 and 4 with further direction to pay damages at the rate of double the license fees from 18/10/2021 till delivery of the possession. The Competent Authority's order dtd. 2/11/2023 has been confirmed in Revision by Additional Divisional Commissioner, Konkan Division by dismissing Revision Application No.664 of 2023 vide order dtd. 26/3/2024, which is also subject matter of challenge in the present Petition.

(3.) Briefly stated, facts of the case, as pleaded by Respondent Nos. 3 and 4 in the eviction application, are that they are the owners of Flat No.1304, Building No.68, Kurla Sahayog Co-operative Housing Society, Nehru Nagar, Kurla (East), Mumbai- 400 024 (the Flat). Leave and License Agreement dtd. 1/12/2019 was executed between Respondent Nos. 3 and 4 and Petitioner granting license in respect of the flat for a period of 22 months commencing from 18/12/2019 to 17/10/2021 for license fees of Rs.33,500.00 for first 11 months and Rs.34,500.00 for next 11 months. Rs.1,00,000.00 was paid by Petitioner to Respondent Nos. 3 and 4 towards security deposit. The leave and license agreement came to be registered on 3/12/2019 in the office of Sub Registrar Mumbai-3. It was averred in the application that Petitioner's husband Mr. Shailesh Borana used to pay the license fees to Respondent Nos. 3 and 4 as mutual understanding between Petitioner and her husband. That Petitioner paid license fees as agreed under the Agreement during the first 11 months tenure. However, in respect of second 11 months' tenure she was irregular in payment of license fees. That Petitioner's husband sent WhatsApp messages falsely claiming payment in the Bank account of Respondent Nos. 3 and 4, which messages turned out to be false after checking the Bank account by Respondent Nos. 3 and 4. According to them, this is how Petitioner committed breach of the terms and conditions of the license. That Petitioner failed to pay the electricity charges, on account of which the electricity supply company issued notices. That the conduct of the Petitioner was source of complaints by the Managing Committee of the Society. Respondent Nos. 3 and 4 therefore issued notice dtd. 7/6/2021 seeking to terminate the License Agreement. That after receipt of termination notice Petitioner paid Rs.69,000.00 in cash in Licensor's Bank account, which did not tally with the amount payable under the License Agreement.