SARFARAZALLI NAWABALLI MIRZA Vs. MANECK GUSTADJI BURJORJI

JUDGEMENT

(1.) This Special Civil Application bristles with the difficulties felt in the city of Bombay in interpreting section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 and the controversies resulting therefrom and the manoeuvres between the persons who claim protection under that Act and those who want to deny or deprive them of the protection under that Act.

(2.) The petitioner claimed to be a lawful subtenant of Flat No. 5, Second Floor, "Jer Villa", Road No. 9, Parsi Colony, Dadar, Bombay 14. The respondent claimed to be a tenant in respect of that flat and alleged that one bedroom in that flat was given to the petitioner as a paying guest on payment of Rs. 350/- per month after the petitioner approached her for that purpose sometimes in or about May 1972 under an agreement of leave and licence dated June 1, 1972.

(3.) Within a short time the Maharashtra Legislature amended the Act by Maharashtra Act No. 17 of 1973 with a view to control the charges for licences of the premises, etc. as stated in the amendment to the preamble and inter alia giving protection under section 15-A inserted by that amendment, which provided :