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1958 Supreme(Bom) 167

J.R.MUDHOLKAR
M. F. De Souza, Defendant – Appellant
Versus
Childrens Education Uplift Society, Plaintiff – Respondent


JUDGMENT: This is a defendants application for revision of a judgment of the Presidency Small Cause Court, Bombay, decreeing the plaintiffs suit for possession of a portion of a room which is in the occupation of the defendant as a licensee by virtue of a compromise decree passed in the previous litigation between the parties by this Court. Now, one of she terms of the consent decree is that the defendant will be entitled to occupy the aforesaid portion of the room as a licensee and that the licence in her favour would be irrevocable. The plaintiff, which is an educational society, contends that it is entitled to revoke the licence because the defendant has not been paying any compensation to the plaintiff for the use and occupation of the portion of the room in her possession as a licensee. The defendant contended that the consent decree made no reference whatsoever to the payment of rent or compensation to the plaintiff, and that, therefore, she was not liable. She further stated that while she was a licensee in respect of the entire room, she used to pay Rs. 15/- per month as rent to the plaintiff, and now that she is in possession of only one-third the portion, she is liable to










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