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 insufficient without proof.

JUDGMENT :

MADHAV J. JAMDAR, J.

1. Heard Mr. Karandikar, learned Counsel appearing for the Petitioner, Mr. Pansare, learned Counsel appearing for the Respondent No.1 and Mr. Dahiphale, learned AGP appearing for the Respondent No.4-State.

2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the order dated 5^th February 2024 passed by the learned Additional Divisional Commissioner, Konkan Division, Mumbai in Revision No.489 of 2023. By the impugned order, the said Revision Application has been allowed and eviction order dated 17^th May 2023 passed by the Competent Authority in Case No.172 of 2022 has been set aside and the matter has been remanded back to the Competent Authority. The Operative Part of the order which has been set aside by the Additional Divisional Commissioner, Konkan Division, Mumbai of the Competent Authority dated 17^th May 2023, reads as under:

“ORDER

1. The application is allowed.

2. The respondent is hereby directed to handover vacant and peaceful Possession of application premises “Block No.2/B-002, Sarvoday Mangal Building, Kanchangaon, Khambalpada Road, Thakurli (East)” to the applicant within 30 days from the date of this order.

3. The respondent is directed to pay damages to applicant at the rate of Rs.20,000/- Per month (10,000x2=20,000) from 16.08.2021 to till Handover the vacant possession of application premises.

4. The applicant is at liberty to appropriate security deposit if any.”

3. The Competent Authority while passing the order dated 17^th May 2023 has taken into consideration that there is written Leave and License Agreement and further it has been observed that the contents of the same are conclusive as per Explanation (b) to Section 24 of the Maharashtra Rent Control Act, 1999. The Additional Divisional Commissioner, Konkan Division, Mumbai while setting aside the said order dated 17^th May 2023 has inter alia observed that the Leave and License Agreement executed by the present Petitioner inter alia in favour of the Respondent No.1 is by misrepresentation of fact that he is owner of the suit premises and therefore, the said Leave and License Agreement became null and void and not maintainable. It has been further observed that the Petitioner-Umesh Jakhubai Nandu has agreed to sale the premises in question for sum of Rs.24,50,000/- to the Respondent No.1-Rajesh Mahadeo Sangar. It has been further observed that the issues raised by Respondent No.1 are triable issues which require trial to lead evidences to prove the ownership of the Petitioner.

4. To appreciate whether the reasons given by the Additional Divisional Commissioner, Konkan Division, Mumbai are legal and proper, it is necessary to set out Section 24 of the Maharashtra Rent Control Act, 1999 (“MRC Act”), which reads as under:

“24. Landlord entitled to recover possession of premises given on licence on expiry (1) Notwithstanding anything contained in this Act, a licensee, in possession or occupation of premises given to him on license for residence shall deliver possession of such premises to the landlord on expiry of the period of licence; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of licence, by making an application to the Competent Authority, and the Competent Authority, on being satisfied that the period of licence has expired, shall pass an order for eviction of a licensee.

(2) Any licensee who does no