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2024 Supreme(Online)(Bom) 6664

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
DEEPAK S. KAVADIYA – Appellant
Versus
ADDL. DIVISIONAL COMMISSIONER KONKAN DIVISION AND ORS – Respondent


Judgment:

1) The issue involved in the present Petition is about jurisdiction of the Competent Authority under the provisions of Section 24 of the Maharashtra Rent Control Act, 1999 (MRC Act) to try and entertain application for eviction filed by Petitioner-Licensor for eviction of Respondent No.3-licensee in the light of dispute amongst them about the exact purpose for which the license is granted. Under Section 24 of the MRC Act, the Competent Authority has jurisdiction to order eviction of licensee where the license is D sii gg nit ea dl l by y granted only for residential purpose. If the license is granted for MEGHA MEGHA SHREEDHAR SHREEDHARPARAB PARAB Date:

2024.11.12 purpose other than residential, the Competent Authority loses

17:07:16 +0530 jurisdiction under Section 24 of the Act and the Licensor would then need to institute a Suit before Small Causes Court for eviction of licensee. While it is the contention of Petitioner-Licensor that the license was granted purely for residential purpose, it is the contention of Respondent No.3-licensee that the license was for commercial purpose, thereby ousting the jurisdiction of the Competent Authority under Section 24 of the MRC Act.

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