Laxman Singh S/O Dhansingh vs Sushma S/O Pramod Mahajan And ...
2023 Latest Caselaw 3842 Bom

                                                         1                                     2.WP.1872-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 1872 OF 2023
                              ( Laxman Singh S/o Dhansingh
                                           Vs.
                            Sushma S/o Pramod Mahajan & Ors. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. R.D. Hajare, Advocate for the Petitioner.




                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 18th APRIL, 2023

Heard Mr. Hajare, learned counsel for the petitioner.

2. It is contended, that in view of Exh. 29 which is an agreement of licencee between the petitioner and the respondent/s, there is admittedly an existence of relationship of licensor and licensee between the parties, and therefore, the provisions of Section 15 & 16 of the Maharashtra Rent Control Act, 1999 would not be attracted and what would be applicable is Section 24 of the Maharashtra Rent Control Act, 1999 and the contrary view taken by the learned Appellate Court in the impugned judgment dated 16.01.2023 (para 13 page 32 relevant portion) is not sustainable in law, considering which, issue notice for final disposal to the respondents, returnable on 02.05.2023.

2 2.WP.1872-2023.odt

3. The petitioner to serve the respondents by all modes permissible in law.

4. Till the returnable date, there shall be ad interim stay in terms of prayer clause (iv).

JUDGE SD. Bhimte