- (1.)Leave granted.
(2.)This appeal arises out of a judgment and order dated 16th October, 2009 passed by the High Court of Judicature at Bombay whereby the High Court has allowed Civil Second Appeal No.90 of 1992 set aside the judgment and decree passed by the Additional District Judge in Civil Appeal No.33 of 1987 and restored that passed by the Trial Court dismissing Regular Civil Suit No.87 of 1984. The factual backdrop in which the dispute arose may be summarized as under:
(3.)Manohar Narayan Rele owned a house bearing Panchayat No.105 situate in village Ravdanda, Taluka Alibag, District Raigad, in the State of Maharashtra. In RCS No.87 of 1984 filed by the said Shri Rele before the Civil Judge (Junior Division), Alibag, the plaintiff prayed for a decree for possession of the suit premises comprising a part of the house mentioned above on the ground that the defendants who happened to be the legal heirs of one Shri Narayan Keshav Ghosalkar, a Goldsmith by profession, residing in Bombay was allowed to occupy the suit premises as a gratuitous licensee on humanitarian considerations without any return, compensation, fee or charges for such occupation. Upon the demise of Shri Narayan Keshav Ghosalkar in February 1978, the defendants who stepped into his shoes as legal heirs started abusing the confidence reposed by the plaintiff in the said Ghosalkar and creating nuisance and annoyance to the plaintiff with the result that the plaintiff was forced to terminate the licence granted by him in terms of a notice assuring for delivery of vacant possession of the premises w.e.f. 1st February, 1984. Upon receipt of the notice, the defendants instead of complying with the same sent a reply refusing to vacate the premises on the false plea that they were occupying the same as tenants since the time of Shri Narayan Keshav Ghosalkar and were paying rent although the plaintiff had never issued any receipt acknowledging such payment. In a rejoinder sent to the defendants, the plaintiff denied the allegations made by the defendants and by way of abundant caution claimed possession of the suit premises even on the grounds permitted under the Rent Control Act of course without prejudice to his contention that the defendants could not seek protection under the Rent Act. Time for vacation of the premises was also extended by the said rejoinder upto the end of April, 1984.