RAVINDRANATH H HIRAMATH Vs. PRASHANTKUMAR BUTTAN

JUDGEMENT

(1.) THIS civil revision application along with Civil Revision Application Nos. 456 of 1990, 4618 of 1990 and 608 of 1989 are tagged together as there is a common question of law as to the applicability of section 13-A-2 of the Bombay Rent Act, 1947.

(2.) THE present petitioner has filed this civil revision application against the judgment order, dated May 30, 1992, passed by the Competent Authority, Division Pune, in M. A. No. 5 of 1992. By the aforesaid judgment and order the competent authority dismissed the application filed by the present petitioner on the ground that the competent authority has no jurisdiction to entertain the said application and also on the ground that the petitioner is a tenant-member of the Society and such a tenant-member of the Society is excluded from the ambit of section 13-A-2 of the Bombay Rent Act. The petitioner in this case is a tenant-member of the Tridal Nagar Co-op. Housing Society in respect of flat No. 5 in building No. A-1 which is duly registered under the Maharashtra Co-operative Societies Act, 1960. The petitioner is the member of Arm Force and at the relevant time he was required to go to North East Frontier area where he was posted. Since the respondent required residential accommodation for temporary purpose, the same was given by the present petitioner to the respondent vide agreement dated January 31, 1987. The said agreement was to come to an end on December 31, 1987. In the mean time there was amendment to the Bombay Rent Act and section 13-A-2 was introduced on October 1, 1987 to enable the landlords to recover the possession of the premises given on licence after the expiry of the said licence.

(3.) AFTER expiry of the said licence on October 7, 1991 the petitioner gave notice to the respondent-licensee terminating his licence. Thereafter the petitioner preferred the present application under section 13-A-2 of the Bombay Rent Act. It was contended on behalf of the petitioner that the suit premises were given on licence which is covered under section 13-A-2 of the Bombay Rent Act. It was further contended on behalf of the present petitioner that the said licence was terminated vide notice dated October 7, 1991 and the respondent refused to hand over the possession of the said suit flat. Therefore the application was made by the present petitioner to the competent authority under the provisions of section 31-B of the Bombay Rent Act. It was contended before the competent authority on behalf of the respondent that the provisions of section 13-A-2 are not applicable to the licence which was created prior to October 1, 1987 and also that the provisions of section 13-A-2 are not applicable to the tenant-member being the tenant of the Society. After allowing both the parties to lead evidence the competent authority held that the competent authority has no jurisdiction to entertain and try the said application and also held that the applicant being a tenant-member of Tridal Nagar Co-op. Housing Society i. e. not being the owner, the competent authority has no jurisdiction to entertain and try the application in view of section 13-A-2 of the Bombay Rent Act. In view of the aforesaid finding the competent authority dismissed the application preferred by the present petitioner. It appears that the competent authority came to the conclusion that the amendment of 1987 is applicable to the licences created on October 1, 1987 and thereafter, and the amendment is not applicable in respect of the licences created prior to October 1, 1987. In this civil revision application as well as in the other three abovementioned civil revision applications there is a common question of law involved to the effect that whether in case of licence created prior to October 1, 1987 the amendment more particularly the provisions of section 13-A-2 are attracted or not. Mr. B. P. Apte, the learned Counsel appearing on behalf of the present petitioner has submitted that as per the provisions of section 13-A-2 all licences existing on October 1, 1987 are covered by the amendment. Mr. Abhyankar, Mr. Karkamkar and Mr. Gorwadkar, the learned Counsel appearing in other civil revision applications support the arguments as advanced by Mr. Apte. On the other hand Mr. Dhakephalkar, Mr. Kumbhakoni, Mr. Kotwal and Mr. Surana, the learned Counsel appearing in all these four matters contended that section 13-A-2 introduced for the first time from October 1, 1987 is applicable to the licences entered into on or after October 1, 1987 and the said provisions are not applicable in respect of the licences created prior to October 1, 1987.