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2015 Supreme(Bom) 2442

A.S.CHANDURKAR
Rekha Pramodrao Deshmukh – Appellant
Versus
Gajanan Maharaj Sansthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: J.B. Gandhi
For the Respondent: A.M. Gordey, A.R. Patil

JUDGMENT :

In view of notice for final disposal issued earlier, the learned Counsel for the parties have been heard at length by issuing Rule and making the same returnable forthwith. The short question that arises for consideration in these writ petitions is whether provisions of section 24 of the Maharashtra Rent Control Act, 1999 (for short, the said Act) would entitle a landlord to recover possession of premises given for business purposes on expiry of the license granted in that regard.

2. Aforesaid question arises on the following facts. An agreement was entered into between each petitioner and respondent No. 1 by which each petitioner was granted license for a shop to conduct business of sale of prasad for a period of eleven months. Pursuant thereto each petitioner was put in possession of their respective shops. The possession of the respective shops were not handed over to respondent No. 1 after expiry of the licences. As the petitioners apprehended dispossession, suit for declaration that the agreement in question had been entered into by exercising undue influence and for permanent injunction to restrain respondent No. 1 from dispossessing the petitioners without following


























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