Mumbai Court August 1996 Judgments

Afsar Shaikh Vs. P.N. Kaul and anr.

Court: Mumbai

Reported in: (1997)99BOMLR549; 1997(1)Mh.LJ596

R.M. Lodha, J.1. The Competent Authority, Pune Division, Pune by its order dated 14.3.1989 in M.A. No. 27 of 1988, P.N. Kaul and Anr. v. Afsar Shaikh, allowed the application for eviction filed under Section 13A-2 of the Bombay Rent Control Act, and, held that the Applicants were entitled to recover possession of the premises in question and ordered the eviction of the occupant-Petitioner herein. The Competent Authority also directed the occupant to pay damages at double the rate of licence fee or charge of the premises fixed under the agreement of licence with effect from 1.7.1986. This order passed by the Competent Authority is under challenge in this Civil Revision Application.2. Briefly stated facts of the case are that the respondent No. 2 herein Mrs. Raj Dulari Ganju (for short, 'licensor') and her caretaker made an application for eviction under Section 13A-2 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (for short, 'Rent Control Act') against the petiti...