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R. I. CHAGLA
Anil Nair – Appellant
Versus
Anjana Viren Shah – Respondent
JUDGMENT :
1. The First Appeal has been taken up for final hearing at the admission stage by consent of parties.
2. Heard Mr. Pravin Patel, learned Counsel for the Appellant and Mr. Pradeep Thorat, learned Counsel for the Respondent No. 1.
3. The First Appeal challenges the judgment and decree of the learned Judge (C.R. No.9), City Civil Court at Mumbai by which Suit No. 753 of 2016 was decreed against the Appellant/Defendant No. 1 with costs.
4. The operative part of the said order dated 6th May 2021, which is impugned in the First Appeal reads as under:-
Defendant No. 1 and/or anybody claiming through him is hereby directed to remove all his belongings, articles and things from the suit premises within a period of four months from today.
After the removal of all the belongings, articles and things as directed above, defendant No. 1 is perpetually restrained from entering into and/or remaining upon the suit premises.
Plaintiff is entitled to withdraw the amount deposited in the court by defendant No. 1 as per order dated 16.11.
The court affirmed that a licensee cannot claim protected tenancy without proving exclusive possession as of 1 February 1973 under Section 15A of the Bombay Rent Act.
In eviction proceedings governed by rent control laws, a landlord need not prove absolute title, only the right to possession. A licensee is estopped under Section 116 of the Evidence Act from questi....
To claim protection under the Bombay Rent Act, a defendant must prove a subsisting license agreement before the cut-off date of 01/02/1973; mere occupation does not confer tenancy rights.
Occupants must establish lawful subsisting license agreements as of February 1, 1973, to benefit from tenant protections under the Bombay Rent Act; mere possession or oral agreements are insufficient....
The burden of proof for unlawful subletting shifts to the tenant once the landlord establishes exclusive possession by a third party.
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