Dilip Manohar Amladi vs Golden Legend Leasing And Finance ...

Headnote AI-drafted · Reviewed and approved

The appellants-landlords challenged an order of the High Court of Judicature at Bombay whereby a writ petition filed by the respondents-tenants was allowed, holding that the Competent Authority lacked jurisdiction to entertain an eviction application on account of non-payment of license fee, as the Maharashtra Rent Control Act, 1999 was not applicable. The parties had executed a Leave and License Agreement dated 21st January, 2019 for a period of 36 months, which expired on 21st October, 2022, yet the respondents-tenants failed to hand over vacant possession and had accumulated outstanding license fee arrears of approximately ₹80,00,000/-.

The Supreme Court noted that this Court had earlier directed the respondents-tenants to deposit ₹70,00,000/- within four weeks, which direction was not complied with. The respondents-tenants admitted that only a demand draft for ₹20,00,000/- was sought to be deposited, which the Registry rightly refused to accept, as it fell short of the directed amount. The respondents-tenants did not deny that they had overstayed in the premises beyond the expiry of the Leave and License Agreement.

The Supreme Court allowed the appeal and directed the respondents-tenants to hand over vacant and peaceful possession of the subject premises on or before 31st July, 2024, with liberty to the appellants-landlords to approach the District Court for appointment of a Process Server and to take police assistance if necessary. The respondents-tenants were further directed to pay outstanding use and occupation charges of ₹75,26,400/- directly to the appellants-landlords within eight weeks.

Catchwords: Leave and License Agreement · eviction · non-payment of license fee · Maharashtra Rent Control Act 1999 · jurisdiction · Competent Authority · vacant possession · use and occupation charges · contempt of court direction · landlord-tenant