SHIVAJI PARGONDA HULYALKAR Vs. SHRI ANANDRAO CHANDROJI PATIL

JUDGEMENT

(1.) The respondent had filed Application NO.58 of 1998 against the present applicant under Section 13A-2 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (for short, "Bombay Rent Act") for eviction and possession of the suit premises on the ground that the present applicant was a licenceew under a leave and licence agreement for five months and that period had expired on 31.8.1998. Inspite of that the licensee had not vacated the premises. The licensee - present applicant appeared and was granted leave to defend and he also filed written statement. On the basis of that, issues were framed. The Competent Authority passed the impugned judgment on 18.7.2000 and directed the defendant/present applicant to vacate the premises and also to pay damages. That order and judgment are challenged in the present Revision Application.

(2.) Heard Mr. Warunjikar, learned Counsel for the revision applicant. None appeared for the respondent-landlord. The record reveals that on earlier date also, the Advocate for the respondent has not appeared. Perused the original record and proceedings.

(3.) The learned Counsel for the applicant has pointed out from the record that before the Competent Authority, the matter was adjourned from time to time till 12.7.1999. However, from 12.7.9 till 6.5.2000, the matter was not on board because the post of Competent Authority was lying vacant. During that period, no dates were given to the parties. According to the learned Counsel, no notice was served on the present applicant after the Presiding Officer, R.B.Rathod resumed the charge of the post of Competent Authority. As per the Roznama, the matter was taken on board 4th or 6th Mays, 2000 however date is not clear. It appears that on that day, the landlord was present with Counsel, but the opponent was absent. The matter was adjourned to 11.5.2000w for final hearing. The Roznama of the next date does not disclose on what date the matter was taken on board, but presumably it might be 11.5.2000. The Roznama of that day reads as follows :-