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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J.JAMDAR
Umesh Jakhubai Nandu – Appellant
Versus
Rajesh Mahadeo Sangar – Respondent
| Table of Content |
|---|
| 1. writ challenges revision quashing section 24 eviction order. (Para 1 , 2 , 3) |
| 2. section 24 allows eviction of licensee post-expiry. (Para 4) |
| 3. written license agreement conclusively proves stated facts. (Para 5 , 6 , 7) |
| 4. unproven fraud does not override agreement's conclusiveness. (Para 8) |
| 5. revision quashed; eviction restored with conditional timeline. (Para 9 , 10 , 11 , 12 , 13) |
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 5th 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 17th 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
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 ....
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....
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....
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.
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