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1977 Supreme(Bom) 186

M.N.CHANDURKAR
Madhusudan – Appellant
Versus
P. M. Gidh – Respondent


JUDGMENT -The main question of law which has been argued in this petition on behalf of the petitioner, who was the original licensee of the premises in question, is whether the suit filed by his licensors in respect of the premises of which respondent No.1 was alone the tenant and whose tenancy was already terminated by the landlord was not maintainable against him in view of the provisions of section 15-A read with section 14 (2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the "Rent Act").

2. The facts out of which this petition arises are not in dispute. The subject-matter of the dispute is a room of which respondent No.1 is the tenant. The owner of the premises is not a party to any of these proceedings. The petitioner was admittedly allowed to occupy the room on leave and licence basis by an agreement dated 31st July 1969 which was in the name of the wife of respondent No.1 who is also respondent No.2 plaintiff No.2. From time to time this agreement came to be extended and was renewed up to 30th April 1972, but admittedly even thereafter the petitioner continued to occupy the premises. Plaintiff No. 1 tenant who had shifted t

















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