NAGIN MANSUKHLAL DAGLI Vs. HARIBHAI MANIBHAI PATEL

JUDGEMENT

(1.) The question with respect to this Courts jurisdiction to entertain and try the suit file on the Original Side has been referred to a Division Bench by a learned Single Judge of this High Court and now comes before us for our determination.

(2.) The plaintiffs is the monthly tenant of a flat on the ground floor of a building belonging to Ashok Nagar Co-operative Housing Society Limited situate at 10th North-South Road, Juhu--Vile Parle Development Scheme, Bombay 400 056. By an agreement dated June 20, 1968 the plaintiff granted to the defendant leave and licence to occupy the said flat upon terms and conditions contained in the said agreement. The said licence was for a period of 11 months commencing from June 15, 1968 and the licence fee mentioned therein was a sum of Rs. 400 per month. By Clause 14 of the said agreement the defendant covenanted that on the termination of the said licence he would remove himself quietly and peacefully along with this family members and his servants and agents and their furniture and fixtures and would give vacant possession of the said premises to the plaintiff. On the expiry of the period of the said agreement a fresh agreement was arrived at between the plaintiff and the defendant on July 4, 1969 under which the said licence was renewed for a further period 11 months from July 1, 1969 upon the same terms on conditions, except that the monthly licence fee was reduced to Rs. 375. The said second agreement by efflux of time on May 31, 1970.

(3.) On April 14, 1978 the plaintiff through his Advocates called upon the defendant to remove himself from the said flat. By this Advocates reply dated May 17, 1978 the defendant alleged that before the expiry of the said second agreement in or about January 1970 an oral agreement was arrived at between the plaintiffs and the defendant under which it was agreed that the defendant would continue as a licensee for so long as he desired and that the said licence was subsisting on February 1, 1973, on which date by reasons of the amendment of the Bombay Rents, Hotel and Lodging House Rates control Act, 1947, by the Mah. Act XVII of 1973, the defendant became a protected licence within the meaning of the said Act.