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2019 Supreme(Bom) 1910

DAMA SESHADRI NAIDU
Vasim Ismuddin Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ram Ugrah Singh, Adv.
For the Respondents: C.D. Mali, AGP and Ashish Dubey, Adv.

DECISION :

Dama Seshadri Naidu, J.

1. Petitioner Vasim Ismuddin Khan is a licensee and third-respondent Francis Vincent Soares is the licensor/owner. Seeking Vasim's eviction, Francis filed ejectment Application No. 108 of 2015, under Section 24 of Maharashtra Rent Control Act, before the Competent Authority, Konkan Division, Mumbai. On contest, the learned Competent Authority allowed Francis's application.

2. Aggrieved, Vasim took the matter in revision before the learned Additional Commissioner, Konkan Division, Mumbai, in Revision Application No. 410 of 2017. Concurring with the Competent Authority, the Additional Commissioner too refused to interfere. Finally, Vasim has come before this Court, by filing this Writ petition.

Submissions:

Petitioner's:

3. Shri Ram Ugrah Singh, the learned counsel for the petitioner, has vehemently argued that both the Authorities below have committed gross errors in adjudication. To elaborate, he has submitted that though the very identity of the property is in dispute, the Authorities have not addressed that issue. Then, he has taken me through the record to contend that the leave and license agreement, Francis relied on before the Authorities, remaine

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