S.R. MIRCHANDANI Vs. RAMESH HARASHA KALWANI

JUDGEMENT

(1.) THIS revision application arises out of the order passed by the Additional Sessions Judge, Greater Bombay in Criminal Revision Application No. 316 of 1975 allowing revision application and setting aside the order dated August 2, 1975 passed by the Executive Magistrate, Greater Bombay in Case No, AB/MAG -SR 2 of 1974, rejecting the application made by respondent No. 1 original applicant and directing the Colaba Police Station to put the respondent No, 1 -original applicant in possession forthwith. This order was passed on January 29, 1976 by the Additional Sessions Judge, Greater Bombay.

(2.) BRIEFLY stated, the facts of the case are: One Mrs. S.R. Mirchandani, the petitioner before me in this revision application owned an ownership flat bearing No, 404, 4th Floor, Naigara Building, Colaba, Bombay -5, in a co -operative housing society, viz., Model Flats Co -op. Housing Society.

(3.) THIS leave and licence agreement was entered for a period of eleven months and expired sometime in April 1973. Thereafter, it appears that Mrs. Mirchandani did not want to renew the leave and licence agreement and wanted M/s. Western Outdoor Advertising Company (herein after referred to as 'the said company') to hand over back the possession of the flat to her. There was some correspondence between Mrs. Mirchandani's legal adviser and said company and their solicitors which indicated that the said company wanted to assert the rights conferred on them by the amending Rent Act, whereby they wanted to claim the tenancy of the premises.