VIJESH CHAWLA Vs. JACOB VERGHESE

JUDGEMENT

(1.) Rule. Having regard to the nature of the challenge raised, made returnable forthwith and heard.

(2.) The Writ Jurisdiction of this Court is invoked against the order dated 26112015 passed by the Additional Commissioner, Konkan Division, by which order, the Revision Application filed by the Petitioner came to be rejected and resultantly the order dated 472014 passed by the Competent Authority in Application No.25 of 2013 came to be confirmed.

(3.) It is not necessary to burden this order with unnecessary details considering the directions to be issued. Suffice it would be to state that the Petitioner herein was the Respondent in Application No.25 of 2013 filed by the Respondent herein under Section 24 of the Maharashtra Rent Control Act, 1999 (for short the said Act) for possession of the suit premises in question. The said application was founded on the fact that there was a Leave and Licence Agreement entered to between the parties on 10-12-1994 for the period commencing 10-12-1994 to 9-11-1995, on the Petitioner i.e. the Respondent to the application refusing to vacate and hand over possession of the premises in question that the Respondent herein filed the said Application No.25 of 2013 for possession of the premises in question which is Flat No.G/158 in Oshiwara Tarapore Garden CHS Ltd., New Linking Road, Andheri (W) Mumbai - 400058. The Petitioner and the Respondent have a defence background in as much as the father of the Petitioner is a defence personnel being Major in the Indian Army, whereas the Respondent herein was also a Non Commissioned Officer in the Indian Army. It seems that the flat was allotted in a scheme which was floated for the defence personnel.