SAILS INDIA Vs. RITA M RUPANI

JUDGEMENT

(1.) RULE. Returnable forthwith. By consent, the Civil Revision Application is heard finally at this stage.

(2.) ON 30-7-1996, the Competent Authority (Rent Act), Konkan Division, Bombay, allowed the application made by the respondent herein Mrs. Rita M. Rupani under section 13-A2 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short Bombay Rent Control Act) and directed the present applicant M/s. Sails India to hand over vacant and peaceful possession of the premises in question i. e. one Hall, one Bedroom, one Bath room with W. C. of Rizvi Park, 5th floor, Rizvi Park Co-operative Housing Society Ltd. , S. V. Road, Santacruz (West), Bombay, within 30 days of the passing of the impugned order and also directed the present revisionist to pay leave and licence fee i. e. Rs. 12,000/- per month as compensation from and after 1st February, 1994 till the possession is handed over. This order came to be passed on the application made by Mrs. Rita M. Rupani, respondent herein (for short Licensor) before the Competent Authority. It was inter alia averred in the application by the licensor that the applicant herein M/s. Sails India (for short Licensee) executed a leave and licence agreement on 1-4-1992 whereby the licensor agreed to give part of her residential Flat No. 501-A at Rizvi Park, consisting of one Hall, one room and one Toilet except the premises occupied by Sargur Pharmaceuticals (for short disputed premises) on leave and licence basis for use by the licensee for a period of 11 months and the licensee agreed to pay compensation at the rate of Rs. 6000/- per month for the aforesaid premises. It is further case of the licensor that on expiry of the leave and licence agreement dated 1-4-1992, another leave and licence agreement was executed on 16-3-1993 whereby the licensor agreed to give the disputed premises on licence for use by the licensee for peaceful residential purposes for a period of 11 months and the licensee agreed to pay compensation of Rs. 6000/- per month. On expiry of the said licence when the licensee did not hand over peaceful vacant possession of the disputed premises to the licensor, the application was made by the licensor before the Competent Authority praying therein that licensee be directed to hand over quiet, vacant and peaceful possession of the disputed premises to the licensor and the licensee be also directed to pay damages at double the rate of compensation at the rate of Rs. 12,000/- per month from and after 1st February, 1994. Ancillary relief of interest on outstanding amount of damages was also sought by the licensor.

(3.) THE licensee contested the application made by the licensor and set up the defence that in fact the premises were taken on tenancy and the agreement for tenancy was styled as leave and licence agreement. The licensee set up the plea that the application before the Competent Authority was not maintainable and the premises were also taken for non-residential use.