2008(5) ALL MR 100
IN THE HIGH COURT OF JUDICATURE AT BOMBA Y
J. H. BHATIA, J.
Mr. Minoa Rustomji Shroff & Ors. —Appellant
Vs
Dali Kavasji Gai — Respondent
Civil Revision Application No.1254 of 2001 WITH Civil Revision Application Nos. 1255, 1256 of 2001
13th March, 2008.
2. The admitted facts are that there is a Parsi Panchayat Funds & Properties, a Public Trust (hereinafter referred to as "the Trust") which has vast properties in the City of Mumbai. The said Trust has a Scheme to provide accommodation to the poor and needy persons belonging to the Parsi community. Therefore the poor and needy people belonging to the Parsi community make applications to the Trust for allotment of such residential accommodation and as and when there is vacancy and availability of accommodation, the Trust provides and allots such accommodation to the applicants. In Application No.80/1995 (Revision Application No.1254 of 2001), Flat No.D-2/44, Multistorey Building, Bharucha Baug, Andheri (West), Bombay, was allotted to the respondent. According to the applicants, who are the trustees of the Trust, an agreement dated 29.4.1993 was executed and the flat was given to the respondent on leave and license basis. The respondent was to pay Rs.400/- per month as license fee and further amount of Rs.400/- towards water, sewage taxes, electricity and other charges for the common service. As per the agreement executed by the respondent in favour of the Trust, he had clearly accepted that he would accept the accommodation as a licensee on leave and license basis and would never claim any right title or interest in the property nor would claim right of tenancy or sub-tenancy. After he executed the said agreement. he was put in possession of the said that. The agreement was for six months and as per the terms of the contract if the possession was not taken back on expiry of six months the licensee would continue for further six months. According to the applicants, the period of six months had expired in November, 1993. However, the respondent continued in possession as a licensee. On 6.10.1995, by a notice sent through the Advocate, the license was terminated and the respondent was called upon to vacate the premises and hand over the same to the Trust. Inspite of that notice, the respondent failed to vacate and. therefore the application under Section 13-A(2) of the Bombay Rent Act was filed before the Competent Authority. The applicants claimed order for eviction and possession and also for payment of compensation at double the rate.
3. The respondent contested the application by filing written statement. According to him, the flat was allotted to him on rental basis. In the year 1970, he had applied for allotment of residential accommodation in anticipation of retirement of his wife who was serving as a Nurse in the Railway Hospital and was provided staff quarters but after her retirement, they would have no residential accommodation. As such such a request was for accommodation on rental basis. The Trust selected the eligible persons including the respondent for allotment of accommodation on rental basis and this fact was also published in Jam-e-Jamshed on 14.6.1992 by the Trust. It was contended that the document dated 29.4.9
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