ANJALI JAYANT GANDHI Vs. RAMESH GOPAL VAGHOLIKAR

JUDGEMENT

(1.) RULE. By consent, rule made returnable forthwith. Heard the learned counsel for the part i es.

(2.) THE respondent is an owner of the flat no. 1 situated in Suyog Co-operative Housing Society Ltd, gultekdi in the locality known as Tilak Maharashtra vidyapeeth Colony, Pune 411 037. (hereinafter referred to as the 'suit premises') By an agreement of leave and licence dated 1st may 1996, the respondent granted a licence to the petitioner to use and occupy the suit premises for a period of 22 months commencing from 1st May 1996 and expiring on 31st March 1998, on the monthly licence fee of re. 1,500/ -. On expiry of the period of the licence by mutual consent the licence was renewed for a period of 36 months on the increased licence fee of rs. 2,000/- per month. A written agreement of renewal of the licence was also executed between the parties on 1st April 1998. The renewed licence expired on 31st March 2001. As the petitioner failed and neglected to vacate and deliver possession of the suit premises, the respondent filed an application for eviction under section 24 of the Maharashtra Rent control Act, 1999 (for short "the Maharashtra Rent act" or simply "the Act") before the Competent authority. By an order dated 29th November 2003, the competent Authority allowed the application of the respondent and ordered eviction of the petitioner. Revision Application filed by the petitioner before the Additional Commissioner was dismissed by an order dated 24th April 2004. That order is impugned in the present Writ Petition.

(3.) MR. APTE, the learned counsel for the petitioner, firstly submits that the agreements of leave and licence dated 1st May 1996 and 1st April 1998, though executed in writing, are not registered and hence not admissible in evidence in view of section 35 of the act. Section 55 of the Act reads as under:-Sec. 55 Tenancy agreement to be compulaorily registered.