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SANDEEP V. MARNE
Snehal Shailesh Borana – Appellant
Versus
Additional Divisional Commissioner, Konkan Division, Mumbai – Respondent
JUDGMENT:
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for final disposal.
2. Petitioner has challenged orders dated 2 November 2023 passed by the Competent Authority, Rent Control Act Court, Konkan Division, Mumbai, directing him to handover possession of the Flat to Respondent Nos. 3 and 4 with further direction to pay damages at the rate of double the license fees from 18 October 2021 till delivery of the possession. The Competent Authority’s order dated 2 November 2023 has been confirmed in Revision by Additional Divisional Commissioner, Konkan Division by dismissing Revision Application No.664 of 2023 vide order dated 26 March 2024, which is also subject matter of challenge in the present Petition.
3. Briefly stated, facts of the case, as pleaded by Respondent Nos. 3 and 4 in the eviction application, are that they are the owners of Flat No.1304, Building No.68, Kurla Sahayog Co-operative Housing Society, Nehru Nagar, Kurla (East), Mumbai- 400 024 (the Flat). Leave and License Agreement dated 1 December 2019 was executed between Respondent Nos. 3 & 4 and Petitioner granting license in respe
Possession linked to an Agreement for Sale negates the Competent Authority's jurisdiction under the Rent Control Act for eviction proceedings.
A residential license agreement's terms govern usage, and partial commercial use does not nullify eviction rights under statutory provisions.
Important Point : The jurisdiction of the Competent Authority under the Maharashtra Rent Control Act is contingent on the license being granted for residential purposes; commercial licenses require l....
The nature of an agreement, whether lease or license, is determined by the real intention of the parties as decipherable from the document and surrounding circumstances. The court's interference with....
Point of law: The effect of Order XLI Rule 27(1)(b) CPC was considered in recording such observations. It was not an instance with reference to application of Order XLI Rule 27(1)(aa) CPC. This claus....
It is well settled that rights of parties will have to be determined on basis of rights available to them on date of suit.
The appeal upheld that expired leave and license agreements do not confer tenant rights; occupancy post-expiration was considered trespassing.
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