Not licensee if paying only municipal taxes,power bill,rules HC

The Bombay High Court has held that a petitioner paying electricity,municipal taxes for garages,is not a licensee as he has not paid any rent or compensation.

A suit was filed against Shashikant Mehta in the Small Causes Court,for garages in Miramar building at Napensea Road. The single judge had held that unpaid interest on loan and the fact of the defendant paying municipal taxes and electricity charges formed consideration for user of the suit premises and he was a deemed tenant,and dismissed the suit.

The plaintiff then approached the Appellate Bench of the Small Causes Court which held that the plaintiff had proved that the defendant was a gratuitous licensee and that the defendant had failed to prove that he had become a deemed tenant on February 1,1973,and set aside the order of the single judge.

Mehta then filed a writ petition against by the legal heirs of Minoo Jahangir Khajotia. The HC found as material the relevant clause of the agreement which showed that the said Khajotia has allowed the said Mehta to use garage no.11 in the aforesaid premises for a period of five years without payment of any rent or compensation by the said Mehta. On February 1,1973,the petitioner Mehta was not a licensee as defined by The Bombay Rents,Hotel and Lodging House Rates Control Act,1947. Justice B R Gavai of the High Court found no error in the order of the Appellate Bench and dismissed the petition.

(The incorrect report which inadvertently appeared on May 19 is regretted. )

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