The Bombay High Court dismissed the writ petition filed by Petitioners, legal heir of the original defendant, confirming the eviction order passed by the Appellate Bench of the Small Causes Court. The case hinged on whether the original defendant was a "protected tenant" under Section 15A of the Bombay Rent Act, 1947, or merely a licensee. The court held that shared occupation of premises cannot result in a deemed tenancy under Section 15A.

Key principles established:

1. Section 15A Interpretation: A deemed tenancy cannot be claimed if the premises were shared among multiple licensees on the "datum line" of February 1, 1973.
2. Burden of Proof: The burden to establish exclusive possession for tenancy protection rests on the defendant.

1. Background and Procedural History

• Original plaintiff filed eviction suit (L.E. & C. Suit No. 41/50 of 1978) against Chhaganlal Patel, alleging he was a mere licensee.
• Small Causes Court dismissed the suit; Appellate Bench reversed the decision, granting eviction.

2. Contentions of the Defendant (Para 4, 6, 12)

• Claimed tenancy rights as a protected tenant under Section 15A of the Bombay Rent Act.
• Asserted exclusive possession of the premises since 1953.

3. Contentions of the Plaintiffs (Para 16, 19)

• Asserted that the defendant was merely a licensee of part of the premises.
• Presented documentary evidence (licenses, certificates) to show joint possession of the premises.

4. Analysis of Evidence (Para 20–30)

• Documents produced by Plaintiffs: Licenses and registration certificates showed the presence of multiple users.
• Defendant’s admissions: Acknowledged shared use of the premises with Suryakant Parmar in 1977.
• Absence of Exclusive Possession: Defendant failed to produce any documents proving sole occupation as of February 1, 1973.

5. Legal Findings (Para 31–35)

• Section 15A requires exclusive possession for tenancy protection, which was not proved.
• Evidence showed shared occupation, thereby negating the defendant's claim.

Acts and Sections Discussed:

1. Bombay Rent Act, 1947

   • Section 15A: Protection for licensees in occupation as of February 1, 1973.
   • Section 5(11): Definition of "tenant."

2. Order 20 Rule 12, Civil Procedure Code

3. Order 9 Rule 13, Civil Procedure Code

Ratio Decidendi:

• To qualify as a deemed tenant under Section 15A of the Bombay Rent Act, exclusive possession of at least one full room as of February 1, 1973, is required.
• The absence of documentary evidence proving exclusive possession invalidates claims of protected tenancy.
• Shared licenses for a single space prevent any licensee from obtaining tenancy status under the Act.

Subjects:

Tenancy Disputes, Interpretation of Rent Control Laws
Tenancy Rights, Licensee Eviction, Protected Tenant, Bombay Rent Act, Shared Occupancy.