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1996 Supreme(Bom) 25

A.P.SHAH
Swami Attah @ Rapheal Alfandary – Appellant
Versus
Thrity Poonawalla – Respondent


JUDGMENT - A.P. SHAH, J. :--This revision application takes exception to the order passed by the Competent Authority, Pune, under section 13-A(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short, "the Act") directing the petitioner to deliver vacant possession of the licensed premises to the respondent.

2. The respondent is the owner of a bungalow situated at 1-B, Dr. Koyaji Road, Pune. Under an agreement of leave and licence dated March 2, 1993, the respondent inducted the petitioner as licensee in respect of the first floor of the said bungalow for a period of two years. After the expiry of the licence period, the respondent filed a petition for eviction against the petitioner before the Competent Authority alleging that the petitioner is staying in the suit premises as a licensee and since the period of licence is expired, he is liable to be evicted.

In contesting the petition, the petitioners contention was that he is not a licensee, but he is a tenant in possession and he, therefore, is entitled to protection of the Act. The petitioner also contended that he has spent a huge amount in making renovations and repairs to the suit premises and, theref





















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