- (1.) Leave granted. This appeal is directed against the order of the learned Single Judge of the Bombay High Court, whereby he allowed the petition filed by the respondent under Article 227 of the Constitution, set aside order dated 07.05.2008 passed by the Competent Authority, Pune and dismissed Application No. 21 of 2007 filed by the appellant under Section 24 of the Maharashtra Rent Control Act, 1999 (for short, 'the Act').
(2.) The respondent filed a suit for grant of a declaration that he is a tenant of the suit premises, i.e., Row House No. C-04, Kubera Garden, Salunkhe Vihar, Pune and that Leave and Licence Agreement dated 30.7.2003 is null and void.
(3.) During the pendency of the suit, the appellant filed an application under Section 24 of the Act and prayed that the respondent may be directed to handover vacant and peaceful possession of the suit premises. The respondent filed written statement to contest the application. He also applied under Section 10 Code of Civil Procedure for stay of the proceedings of the application filed by the appellant. His prayer was declined by the Competent Authority vide order dated 2.11.2007. Writ Petition No. 9160/2007 filed by the respondent for quashing the order of the Competent Authority was dismissed by the learned Single Judge of the High Court vide order dated 12.2.2008.;