AJAY KUMAR Vs. DASA

JUDGEMENT

(1.) The defendant is in occupation of one flat and a car parking area in a building on Camac Street. It is Flat No. 9 on the 9th floor in premises no. 12A, Camac Street together with a car parking area for two cars, altogether measuring 2200 Sq. ft. The rent last paid was Rs.40,000/- per month. The property is within the jurisdiction of this court and most valuable.

(2.) The defendants entered this flat as a licensee of the plaintiff who was its owner. The licence agreement was dated 29th May, 2006. It was for an initial period of 11 months. It could be extended at the option of the licensee for two further periods of 11 months each. Clause E of the agreement stipulated that if it could be further extended it had to be on mutually agreed terms and conditions. There is not much of a dispute that this licence for all practical purposes was treated as a tenancy. It was extended for two terms up to 28thFebruary, 2009. It could be extended to the maximum extent up to this date. However, Clause 17 provided that before this period the tenancy was terminable at the option of the licensor or licensee. Either party had to give one month's prior notice.

(3.) It seems that this option was exercised in 2007. By a notice dated 17th October, 2007 the defendants were asked to vacate the flat by November of that year. Thereafter, a suit was instituted by the plaintiff before the learned City Civil Court which was marked as T. S. 1101 of 2008.