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1982 Supreme(Guj) 75

R.C.MANKAD
NEW SHORROCK MILLS LIMITED – Appellant
Versus
SOMABHAI MATHURBHAI PATEL – Respondent


Advocates Appeared: ARUN H.MEHTA, JOSHIPURA BAKUL, S.D.PATEL

R. C. MANKAD, J.

( 1 ) CAN the petitioner who by invoking ordinary civil jurisdiction of the Court had sought possession of the premises in occupation of the respondent alleging that the respondent was a mere licensee whose licence was terminated. ask the Court to decree his claim for possession in exercise of jurisdiction conferred upon it under sec. 28 of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereinafter referred to as the Act) on the basis relationship between it (petitioner) and the respondent was that of landlord and tenant governed by the provisions of the Act ? I am called upon to answer this question in this revision application in the background of the following facts.

( 2 ) ). Petitioner is a public limited Company. The respondent was in its employment and it is alleged that the respondent was given premises in one of the properties owned by the petitioner for his use and occupation as a licensee on account of his employment with the petitioner The respondent retired from service and the petitioner terminated the licence and called upon the respondent to hand over vacant possession of the premises in his occupation (herein after referred to as th
















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