AMARJIT SINGH Vs. R N GUPTA

JUDGEMENT

(1.) THIS is a revision petition filed against the order dated 24-3-1995 in Application No. 41 of 1994 on the file of Competent Authority (Rent Act), Konkan Division, Bombay. Heard both the sides.

(2.) THE respondent filed a petition for eviction against the petitioner before the Competent Authority alleging that the petitioner is staying in the suit premises as a licensee and since the period of licence has expired, he is liable to be evicted. The petitioners contention was that he is not a licensee, but he is a tenant in possession, and therefore, entitled to protection of the Rent Act. After recording evidence and hearing both the sides, the learned Authority has held that the transaction between the parties is one of leave and licence and since the period of licence has expired, he directed the licensee to vacate the suit premises. Being aggrieved by that order, the petitioner has come up in revision.

(3.) THE learned Counsel for the petitioner contended that the question whether a particular transaction is one of a lease or licence is a mixed question of law and fact and the finding of the Competent Authority is erroneous, and therefore, the petition requires to be admitted. Reliance was placed on A. I. R. 1959 S. C. 1262, (Associated Hotels of India v. R. N. Kapur)1. On the other hand, the learned Counsel for the respondent supported the impugned order.