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1981 Supreme(SC) 6

BAHARUL ISLAM, O.CHHINNAPPA REDDY, R.S.PATHAK
Natraj Studios Private LTD. – Appellant
Versus
Navrang Studios – Respondent


Advocates:
A.N.HAKSAR, Jashubhai, P.H.Parekh, P.R.MRIDUL, R.N.KARANJAWALA, SOLI J.SORABJEE, Talat Ansari

Judgment

O. CHINNAPPA REDDY, J :- The appellant Natraj Studios (P) Ltd., and the first respondent Navrang Studios, a firm entered into an agreement on March 28, 1970, by which the latter granted the former "leave and licence" for the use of their two studios and other premises described in list I annexed to the agreement and situated at 194, Kurla Road Andheri Bombay, and the machineries, equipments, property setting materials etc. mentioned in list No: 2 annexed to the agreement. Though the agreement was initially for a period of 11 months it was extented from time to time. By an agreement dated November 5.1972, the original agreement was extended for a period of eleven months from January 1, 1973. The leave and licence agreement was thus in force on February 1, 1973, with effect from which date S.15A was inserted in the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, by an amendment (Maharashtra Act 17 of (1973) The effect of Section 15A was that any person who was in occupation of any premises on February 1, 1973 as a licensee was deemed to have become, on that date, for the purposes of the Act, a tenant of the landlord in respect of the premises or part thereof in























































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