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PETITIONER:

CHANDAVARKAR SITA RATNA RAO

Vs.

RESPONDENT:

ASHALATA S. GURAM

DATE OF JUDGMENT25/09/1986

BENCH:

MUKHARJI, SABYASACHI (J)

BENCH:

MUKHARJI, SABYASACHI (J)

SINGH, K.N. (J)

CITATION:

1987 AIR 117 1986 SCR (3) 866

1986 SCC (4) 447 JT 1986 619

1986 SCALE (2)500

CITATOR INFO :

R 1987 SC1939 (31)

RF 1988 SC 782 (57)

R 1990 SC1563 (11)

F 1991 SC1494 (8,13,14,16)

RF 1991 SC1760 (21)

RF 1992 SC 81 (11)

RF&E 1992 SC1701 (36)

ACT:

Bombay Rents, Hotel and Lodging Rates Control Act,

1947; ss. 14(2) & 15A-Whether and how far statutory tenant

governed by the Act could have created a valid licence

before 1st February, 1973.

Constitution of India, Article 227-Finding of facts-

Scope and ambit of jurisdiction of High Court to interfere.

Statutory interpretation.

Non-obstante clause ’notwithstanding anything

contained.. ’-Expression contained in statute-Meaning of-

Court to find out what is legal not what is right.

Mischief rule-Applicability of-Literal construction and

reading of the statute as a whole to be in consonance with

mischief intended to be remedied-Grammatical construction

ordinarily to be resorted to.

Transfer of Property Act, 1882, s. 108(j)-Lease-

Transfer of interest-Nature of.

Indian Easement Act, 1882, ss. 52 & 53: ’Licence’-

Nature of.

Words and Phrases

’Notwithstanding’-’subject to’-Meaning of.

HEADNOTE:

Section 15A(1) of the Bombay Rents, Hotel and Lodging

House Rates Control Act, 1947 inserted by s. 14 of the

Amending Act of 1973 provides that notwithstanding anything

contained elsewhere in that Act or anything contrary in any

other law for time being in force, or in any contract, where

any person was on the 1st day of February 1973 in occupation

of any premises, or any part thereof which is not less than

a room, as a licensee he shall on that date be deemed to

have become, for the purposes of that Act, the tenant of the

landlord in respect of the

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premises or part thereof, in his occupation. Sub-section (2)

of s. 14 stipulates that where the interest of a licensor,

who is a tenant of any premises, is determined for any

reason, the licensee, who by s. 15A is deemed to be a

tenant, shall, subject to the provisions of the Act be

deemed to become the tenant of the landlord, on the terms

and conditions of the agreement consistent with the

provisions of the Act. Section 13(1) (e) entitles the

landlord to ask for the eviction of the tenant if the tenant

has, after the date of commencement of the Amendment Act,

1973 unlawfully given on licence the whole or part of the

premises let to him.

The respondent-landlady had an oral lease of her flat

situated in Bombay, since 1952. She terminated that tenancy

by notice in 1970 and instituted a suit for possession on

the ground of personal requirement. The Court of Small

Causes passed an ex-parte decree for eviction against the

tenant in 1972. The appellant obstructed execution of the

decree on the plea that she was a caretaker of the premises.

Subsequently the ex-parte decree was set aside and the suit

restored. The tenant gave evidence that he was in occupation

of a part of the premises. The trial court passed a decree

against the tenant in 1976. The appeal filed by him was

dimissed by the Appellate Bench of the Small Causes Court.

A writ petition filed against the appellate decision

was dismissed by the High Court in March 1980. The appellant

having obstructed the execution of the decree confirmed by

the High Court, the landlady filed an application for

removal of the obstruction in the executing court. In the

reply filed by the appellant in July 1