JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---The applicant is the owner of certain premises bearing flat No. 10, situated at Perystar Co-operative Society, Eksar Road, Borivali (West), Mumbai-400 092. An agreement of leave and licence was entered into between the applicant and the respondent on 10th July, 1991. The leave and licence agreement was for a term of 11 months commencing from 10th July, 1991 and was to expire on 10th June, 1992. Under the terms of the licence, it was provided that the licensee shall pay a sum of Rs. 11,000/- to the licensor as and by way of security deposit. The monthly licence fee, it was agreed, would be Rs. 1,000/- which would be adjusted from the security deposit. Clause 10 of the deed of licence provided that the possession of the licensee shall be non-exclusive and only temporary in nature and Clause 14 stipulated that the licence would not create any tenancy or such other right in the licensee over the premises.

2. Subsequently, a second agreement of leave and licence was entered into between the parties on 9th September, 1992. Clause 1 of the deed of leave and licence expressly stated that the licensor has granted a licence to the licensee to use and oc

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