Judgement

HEGDE, J.:- This is an appeal by certificate. Respondent No.1 is the owner of Flat No.20-B on the 5th floor of the building by name "Shalimar" situate at Marine Drive, Bombay. On April 24, 1959 he entered into an agreement called "Leave and licence agreement" with the appellant under which he was permitted to occupy that flat at a monthly "compensation" of Rupees 250/-. On May 5, 1959, the appellant occupied the flat in pursuance of that agreement. In 1962 a co-operative society by name "New Shalimar Co-operative Housing Society Ltd". was formed. Thereafter Responent No.1 became a member of that society. To be exact he became a member of that society on January 26, 1962. On March 28, 1963 the appellant filed an application under Section 11 of the Bombay Rent Act before the Small Causes Court, Bombay for fixing the standard rent of the flat occupied by him. Respondent No.1 filed his objections to that suit on August 5, 1963. In his objections statement he pleaded inter alia (1) that there was no relationship of landlord and tenant between him and the appellant and (2) Civil Courts had no jurisdiction to go into the dispute between the appellant and the respondent. During th