JUDGMENT :

This petition challenges orders passed by the Competent Authority, Konkan Division and Additional Commissioner, Konkan Division for eviction of the Petitioner under the provisions of the Maharashtra Rent Control Act, 1999 (“Act”). By consent of the parties, Rule is granted and taken up for hearing forthwith.

2. By a leave and licence agreement dated 16 May 1971, one Sita Kayship, who was the owner of the suit premises (which is a fat, being Flat No.5 in ‘Shivsagar’ building at Block No.19, Worli Sea Face, Worli, Mumbai 400 018), gave it on licence to the Petitioner. It is the Petitioner’s case that this licence was subsisting as on 1 February 1973 and accordingly, the Petitioner became a deemed tenant of the suit premises. It is submitted that though deemed tenancy was a legal status acquired by the Petitioner by operation of law, since, at the request of Ms.Kayship, the rent was to be enhanced from Rs.525 to Rs.600, a fresh agreement purportedly extending the licence was executed between the parties on 30 July 1973 providing interalia for such enhanced rent/compensation. After the suit premises changed hands, purported by purchase from Ms.Kayship to her husband Prannath K