SUDHA RAJENDRA MAHAJAN Vs. VIKAS NARAYAN PATIL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of parties at admission stage.

(2.) Petitioners (original opponents) have approached this Court under Article 227 of the Constitution of India assailing the order dtd. 13/10/2023 passed by the Additional Commissioner, Nashik in Rent Revision Application No.538 of 2023 by which the order dtd. 26/5/2023 passed by the Competent Authority in Summary Application No.7 of 2012 has been confirmed, directing eviction of petitioners from suit house property.

(3.) Respondent/(original applicant) herein approached the competent authority under Sec. 24 of the Maharashtra Rent Control Act, 1999 claiming relief of recovery of possession and damages double the rate of fees. Respondent contends that he is the owner of house property situated at ground floor on Survey No.37/3, plot no.27 of Gurukul Housing Society. On 7/10/2003 a 'leave in license agreement, was executed in favour of late Rajendra Mahajan for the period of 11 months commencing from 7/10/2003 to 7/9/2004. The agreed rent was fixed at Rs.1,400.00 per month which was regularly paid till expiry of the licence period. However, license premises was not vacated as agreed. Prior to execution of the leave and licence agreement, the suit house was given to Raymond Woollen Mill on leave and licence basis. Rajendra Mahajan, being employee of said company, was occupying the premises. However, after dis-continuation of licence agreement with Raymond Woollen Mill, Rajendra Mahajan was put into possession on the basis of independent licence agreement dtd. 7/10/2003 between respondent and Rajendra Mahajan. After death of Rajendra Mahajan, his wife and daughters (petitioners) continued in possession of the suit house. (Parties hereinafter are referred to as per their original status.)