1. This Suit is filed for a declaration that the agreement dated 18th October, 1977, which is the last agreement between the parties, has been duly cancelled and/or terminated and/or rescinded by the Plaintiff and the Defendants have no right, title and interest in the Suit flat No.10 on the 3rd floor and garage in the basement of ‘Asha Mahal’ situated at 46B, Pedder Road, Bombay- 400 026. Upon such declaration, the Plaintiff has claimed possession of the Suit flat, damages of Rs.10,000/- and mesne profits of Rs.1450/- p.m. which would be computed after the decree in this Suit, if any, is passed.

2. TheDefendants’ father was the Plaintiff’s licencee. The leave and licence agreement was initially executed between those parties on 13.08.1969 for a period of 11 months. Thereafter two other agreements were executed for periods of 11 months each. The period of 33 months of licence expired on 14.05.1972. The amendment to the Bombay Rent Act regarding licences came into force on 01.02.1973. The Defendants’ father was not a licencee of the Plaintiff under the valid and subsisting licence on that date, but he was holding over the Suit flat on the date of amendment. He claims to be