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SANDEEP V. MARNE
Aruna Pandit – Appellant
Versus
Ravindra Dattatraya Kumar – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. The challenge in the present Petition is to the order dated 1 April 2024 passed by the Competent Authority rejecting the Application seeking leave to defend. Also challenged is the final eviction order passed by the Competent Authority on 1 April 2024 consequent to rejection of application for leave to defend.
2. I have heard Mr. Sharma, the learned counsel appearing for the Petitioners. He raises four principal grounds of challenge to the impugned orders. Firstly, he submits that Petitioner 1 being real sister of the Respondent, is excluded from the definition of term 'Licensee' under section 7(5) of the Maharashtra Rent Control Act, 1999 (Rent Act). Secondly, he would further invite my attention to the address disclosed by the Respondent in his application, which indicates that Petitioners and Respondent are residing together in the flat in question as members of the family. Thirdly, he would submit that in the application seeking leave to defend, the Petitioners have raised specific plea of alienation of family property by the Respondent by excluding the share of the Petitioners. That in view of specific pleas of inheritance and partition raised i
Execution of a Leave and License Agreement between family members does not negate the terms of the agreement, and claims of duress must be substantiated to warrant a defense.
The appeal upheld that expired leave and license agreements do not confer tenant rights; occupancy post-expiration was considered trespassing.
Competent Authority under Section 24 MRC Act limits eviction inquiry to leave and license agreement; extraneous documents claiming renovation costs as security deposits cannot defeat summary eviction....
Written leave and license agreement is conclusive evidence of stated facts under Explanation (b) to Section 24 of MRC Act, binding Competent Authority in eviction proceedings; mere fraud allegations ....
A residential license agreement's terms govern usage, and partial commercial use does not nullify eviction rights under statutory provisions.
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....
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