N S BROCA Vs. TILAK RAJ KAPUR

JUDGEMENT

(1.) RULE returnable forthwith. By consent of the parties, rule heard finally.

(2.) BY this petition, the petitioner challenges the order passed in Appeal No.130 of 1996 by the Division Bench of the Small Causes Court Bombay dated 23.10.1997. That appeal was filed by the respondents challenging the order dated 15.2.1996 passed by the learned Single Judge of the Small Causes Court in L.E.& C. Suit No. 31/46 of 1979. That civil suit was filed by the respondents claiming the order of eviction against the petitioner on the ground that he was licensee whose licence has been revoked. The trial Court, however, held that the petitioner was a protected licensee and deemed tenant of the premises. In the appeal filed by the respondents however, the appellate Court reversed that finding. The learned Counsel appearing for the petitioner urged before me that though it was the case of the plaintiff that the licence was revoked in the mouth of November 1972, the respondents continued to accept the payment of rent from the petitioner. It showed that, the licence was continued after its revocation in November 1972 and therefore, on 1.2.1973 there was a subsisting licence in favour of the petitioner and therefore, in terms of provisions of section 15(a), the petitioner was a protected licensee and deemed tenant of the premises. The learned Counsel submitted that, though this aspect was considered by the trial Court recording findings in favour of the petitioner, the appellate Court has totally ignored this aspect and excluded from its consideration and therefore, in the submission of the learned counsel, the judgment of the appellate Court suffers from non application of mind and therefore, it is liable to be interfered with under the jurisdiction of this Court under article 227 of the Constitution of India.

(3.) IN the result therefore, petition succeeds and is allowed. Rule is made absolute in terms of prayer clause (b), with no order as to costs.