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1995 Supreme(Bom) 411

P.S.PATANKAR
Automatic Electric Ltd. . – Appellant
Versus
Sharadchandra Vinayak Tipnis – Respondent


JUDGMENT - P.S. PATANKAR, J. :---In this revision, the main question that arises for my consideration is whether the suit premises were let out for residence as contemplated by section 13-A(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereafter referred to as the Act). In other words, whether the Competent Authority under the Act was having jurisdiction to decide the matter.

2. A few facts are as follows :---

Respondent is the owner of Plot No. 4, Revenue Survey No. 274 situated within Lonavla Municipal Council area. There is a bungalow and outhouse constructed by the respondent. The out-house was consisting of two rooms, two closed Verandas togehter with bathroom and W.C. It is the suit premises. The petitioner is a Company registered under the Companies Act, 1956. It is having its manufacturing unit at Lonavala and registered office at Bombay. Under the agreement dated 1st December, 1976, the respondent gave to the petitioner the out-house for a period of two years at monthly license fee of Rs. 350/-. It was given for residence/business. Even after expiry of the agreement, the petitioner continued to occupy it. In the year 1983, the respondent made some













































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