RANJANA DESAI
SUNDA ASSOCIATES – Appellant
Versus
AJIT KISANLAL AGARWAL – Respondent
( 1 ) THE petitioner is the original applicant. It is a proprietary concern. The petitioner's case is that the petitioner owns Flat No. 6 situate on the Third Floor, in the premises known as Sunda Heights at 1368, kasba Peth, Pune (for short, "the suit premises" ). The respondent had taken the suit premises on leave and licence for a period of 11 months with effect from 21-12-1999 at a monthly license fee of Rs. 3,000/ -. The said leave and licence agreement was executed on 21-12-1999. The respondent was required to vacate the suit premises on or before 20-11-2000. According to the petitioner, on the expiry of the said period, the respondent failed to vacate the suit premises. The petitioner, therefore, sent a notice dated 29-12-2000 calling upon the respondent to vacate the suit premises. The said notice was duly received by the respondent. However, the respondent did not give any reply to the said notice nor did he vacate the suit premises.
( 2 ) THE petitioner, therefore, filed an application before the Competent authority, Pune, being Application No. 31 of 2001 under section 43 of the maharashtra Rent Control Act, 1999 (for short, "the said Act") praying, inter alia, t
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