JUDGMENT - Sharad Manohar J., : - Though this Writ Petition is directed against a finding which appears to be concurrent finding regarding the nature of right had by the petitioner in the suit premises, I have found it necessary to examine the same in details and upon the examination I have no other option but to come to the conclusion that the ultimate finding cannot be sustained.

2. Prima facie the question appears to be very simple. By an agreement

purported to be one of leave and licence dated 31-5-1969, the respondent

allowed the petitioner to continue the use of the suit premises, which consists of a portion of open land for a period of 320 days. That licence was terminated by a notice dated 21-3-1970. I am told that thereafter the respordent has even filed a suit for recovery of possession of the said land. I am told that it is Spl. Civil Suit No. 69 of 1977; but long before that on 8-9-1971 the petitioner filed an application under section 11(4) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter the Rent Acf) for fixation of standard rent of the suit premises contending that the rent of Rs. 3,680 charged for the contractual period which in turn

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