AMRIT SAGAR PURI Vs. OVER SEAS IMPEX (PVT.)

JUDGEMENT

(1.) THIS is a petition filed by the original plaintiff landlord seeking to challenge the concurrent judgments and decrees of the two Courts below dismissing his claim for possession of a flat and a garage in Malabar Hill, Bombay which according to the plaintiff had been given to the defendants under an agreement of leave and licence.

(2.) THE plaintiff, an employee of the State Bank of India, is now retired since about July 1986. He had joined the Monte Co-operative Housing Society Ltd. and in his capacity of being its member had acquired flat No. 15 on the 4th floor of the Building known as 'Park View' on Little Gibbs Road. Malabar Hill, Bombay, alongwith the garage on the ground floor thereof. The plaintiff being in the employment of the State Bank of India, had been given official quarters. He had, therefore, permitted one Japanese firm to occupy the said flat on a leave and licence basis on compensation of Rs. 950/- per month and had accepted Rs. 4,800/- by way of security deposit. This was sometime in the year 1959. Sometime after the said Japanese firm had vacated the premises, the plaintiff through intervention of the House Agents Shri L.U. Advani inducted the defendants in possession under an agreement of leave and licence dated 1st of May, 1966 for a period of 5 years. At the time of the said agreement to the plaintiff was residing in his official quarters at Delhi and the same is apparent from the recitals contained in the said agreement of leave and licence. The said agreement having expired by efflux of time by the end of April, 1971, the plaintiff by another agreement dated Ist of December, 1972 extended the said leave and licence for a further period of 11 months. Since the defendants refused to vacate and hand over the possession of the said premises, the plaintiff filed on 31st December, 1976 the present suit for recovery of possession and for arrears of compensation and other ancillary reliefs.

(3.) THE trial Court by its judgment and decree dated 23rd October, 1980 was pleased to hold that the agreements of leave and licences were in substance agreements of tenancy. Consequently the case of the plaintiff that the defendants were his licensees was negatived. The prayer of the plaintiff for possession was dismissed. As the defendants had raised a plea of standard rent, the standard rent came to be determined at Rs. 1500/- per month in Standard Rent Application filed by the defendants.