JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---Rule, returnable forthwith. Respondents waive service. By consent, petition is taken up for final hearing forthwith.

2. The petitioners seek to impugn the validity of two orders dated 16-6-2000 passed by the Competent Authority, Konkan Division, Mumbai. The first order has been passed rejecting an application filed by the petitioner herein for setting aside an order closing the evidence. The second order has been passed allowing the application filed by the respondents herein under section 13-A(2) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 and decreeing the eviction of the petitioner to whom the premises have been held to have been granted under a Leave Licence Agreement of 1st October, 1989. The circumstances in which the Competent Authority declined to accede to the request of the respondents to reopen the order closing the evidence will be adverted to hereinafter. The relevant facts, briefly stated, are as follows :

3. On 1st September, 1987 an Agreement was entered into between the petitioner and the 1st respondent ("the Respondent" for brevity), by virtue of which the petitioner was appointed as a "Caretaker" of a residential flat, being Flat No. 51, situated on the 5th floor of a building known as "Sea Breeze Apartments" situated at Bullock Road, Band Stand, Bandra, Bombay. The term of the Agreement under Clause 2 thereof was three years and it was provided that the petitioner would pay monthly compensation in the sum of Rs. 4000/-. Clause 7 of the Agreement stipulated that the respondent shall have an unfettered right of access and entry and the owner, the 1st respondent herein, shall retain control over one bed room for occasional residence in the flat at her discretion.

4. Thereafter, on or about 1st November, 1988 a Leave and Licence Agreement came to be entered into between the petitioner and the respondent. The term of the aforesaid Leave and Licence Agreement was for a period of 11 months. Upon the expiry of the term of the first Leave and Licence Agreement, a second Leave and Licence Agreement was executed on 1st October, 1989 between the petitioner and the respondent. Since the agreement of 1st October, 1989 is the foundation of the application which was made before the Competent Authority by the respondents, the relevant clauses of that agreement are material and may now be adverted to. Clauses 1, 5, 11 and 12 of the Agreement provided as follows :---

"1. The Licensor hereby agrees to allow the Licensee the use of and occupation of the said flat being flat No. 51, on the 5th floor of the building Sea Breeze Apartments, Band Stand Bullock Road, Bandra Bombay - 400 050. (hereinafter called the said flat) on leave and licence basis for a temporary period of 11 months. The Licence shall be deemed to have commenced from 1st October, 1990.

5. The Licence granted herein is only temporary and the licensee shall not claim any tenancy rights or any other right, title or interest of whatsoever nature in respect of the said flat on any part thereof.

11. On the expiry of the Licence period or on the termination of the Licence prior to the expiry of the licence period on the ground of breach of any of the terms and conditions of the licence as hereinabove stated, the Licensee shall be liable to vacate the said flat along with her belongings forthwith.

12. This agreement shall be subject to the provisions of section 13-A(2) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 as amended up to date."

5. The term of the Leave and Licence Agreement was deemed to have commenced on 1st October, 1990 and, as is usually the case in such agreements, it was to be in existence for a period of eleven months. The respondents filed an application before the Competent Authority constituted in pursuance of the provisions of section 13-A(2) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 seeking possession of the flat. It appears that an ord

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