JUDGMENT :. The applicants had filed three Applications against the respondents in these 3 Revision Applications under Section 13A(2) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter for short, "the Bombay Rent Act"). The Competent Authority heard the evidence in Application No.80 of 1995 and dismissed the same on merits. Against dismissal of that application No.80/1995, Revision Application No.1254 of 2001 is filed. The other two Applications being Application No.81/1995 and No.56/1995, were dismissed holding that in view of the evidence given in Application No.80/95, the Competent Authority had no jurisdiction and the preliminary issue under Section 9-A of C.P.C. was decided against the applicants. Against the orders in those two matters, Revision Application No.1255 of 2001 and 1256 of 2001 respectively are filed by the original applicants before this Court. In view of these circumstances, all these three Revision Applications may be disposed of by common Judgment.

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

Click Here to Read the rest of this document