Case Note & Summary
The case involves a civil revision application filed by Maharashtra Automobiles, a partnership firm, challenging concurrent orders of the Small Causes Court, Mumbai, and its Appellate Bench. The applicant had obstructed execution of an eviction decree obtained by Navjivan Co-operative Housing Society Limited (respondent no. 1) against Hindustan Petroleum Corporation Limited (respondent no. 2), the successor of the original lessee. The suit premises, about 10,000 sq. feet, were initially leased to M/s. Caltex (India) Ltd., which had permitted the applicant to use the land as a licensee. The eviction suit was filed under the Maharashtra Rent Control Act, 1999, and decreed, with the decree confirmed up to the Supreme Court. In execution, the applicant claimed protection under Section 15A of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, alleging possession prior to 1973 based on an agreement. The respondent no. 1 contended that no document supported this claim. The trial court, relying on an unreported judgment of the Bombay High Court in W.P. No. 5517/2006 (Shri Somvanshiya Sahastrarjun Kashtriya Samaj v. Vardhaman Petrol Depot), held that the applicant was a licensee, possession was on behalf of the defendant, and the decree bound the obstructionist. The appeal was dismissed. The High Court, in revision, found no error in the concurrent findings and dismissed the revision application, holding that the applicant, as a licensee, could not claim independent protection under Section 15A.
Headnote
A) Rent Control - Eviction Decree Execution - Licensee's Rights - Section 15A Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - The applicant-obstructionist claimed protection under Section 15A based on an agreement prior to 1973, but the court held that as a licensee, possession was on behalf of the tenant-defendant, and the decree against the tenant binds the licensee. The concurrent findings of the courts below were upheld, and the revision was dismissed. (Paras 2-4)
B) Civil Procedure - Revision - Concurrent Findings - Section 115 Code of Civil Procedure, 1908 - The High Court in revision declined to interfere with concurrent findings of fact that the obstructionist was a licensee and not a tenant, and that the decree against the tenant was binding on the licensee. (Para 4)
Issue of Consideration
Whether an obstructionist claiming to be a licensee in possession prior to 1973 is entitled to protection under Section 15A of the Bombay Rent Act and can resist execution of an eviction decree passed against the tenant.
Final Decision
The High Court dismissed the civil revision application, upholding the concurrent orders of the courts below.
Law Points
- Licensee's possession is on behalf of the tenant
- decree against tenant binds licensee
- Section 15A protection requires independent tenancy rights
- not mere license
Case Details
Civil Revision Application No. 153 of 2011 in Appeal No. 1 of 2011
Mr. Jawahar J. Thakkar for the applicant, Mr. Satish Shetye with Mrs. Rehana Kesuri i/b. Banatwala & co. for respondent no. 1, Miss. Pallavi Dabholkar i/b G.S.Godbole for respondent no. 2
Navjivan Co-operative Housing Society Limited, Hindustan Petroleum Corporation Ltd.
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Nature of Litigation
Civil revision application challenging concurrent orders rejecting obstruction to execution of eviction decree.
Remedy Sought
The applicant sought to set aside the orders rejecting its applications (exhibit 23 and 27) in execution proceedings and the dismissal of its execution appeal.
Filing Reason
The applicant claimed protection under Section 15A of the Bombay Rent Act as a licensee in possession prior to 1973, obstructing execution of the eviction decree.
Previous Decisions
The Small Causes Court rejected the applicant's applications on 10th December 2010, and the Appellate Bench dismissed the appeal on 25th January 2011.
Issues
Whether the applicant, as a licensee, can claim independent protection under Section 15A of the Bombay Rent Act to resist execution of an eviction decree against the tenant.
Whether the concurrent findings of the courts below that the applicant's possession was on behalf of the defendant and the decree binds the applicant are sustainable.
Submissions/Arguments
The applicant argued that it was in possession prior to 1973 under an agreement with M/s. Caltex (India) Ltd. and thus protected under Section 15A of the Bombay Rent Act.
The respondent no. 1 contended that no document supported the applicant's claim and that the applicant was a licensee, whose possession was on behalf of the defendant, making the decree binding.
Ratio Decidendi
A licensee in possession of premises on behalf of a tenant cannot claim independent protection under Section 15A of the Bombay Rent Act, and the eviction decree against the tenant binds the licensee. The High Court in revision will not interfere with concurrent findings of fact unless perverse or without jurisdiction.
Judgment Excerpts
The applicant-obstructionist has obstructed the execution of the decree, claiming that M/s. Caltex (India) Ltd. entered into an agreement in its favour before 1973 and as such in view of the said agreement, he was in possession of suit premises prior to 1973.
It was held by the trial Court that by virtue of agreement the obstructionists was only permitted to use the land premises as a licensee and the possession of the suit premises by the obstructionist was on behalf of the defendant and, therefore, the decree passed against the defendants would bind the obstructionists.
Procedural History
The respondent no. 1 filed a suit for eviction in 2004 under the Maharashtra Rent Control Act, 1999. The suit was decreed, and the decree was confirmed up to the Supreme Court. In execution, the applicant filed applications (exhibit 23 and 27) claiming protection under Section 15A of the Bombay Rent Act. The Small Causes Court rejected these applications on 10th December 2010. The applicant appealed (Execution Appeal No. 1/2011), which was dismissed on 25th January 2011. The applicant then filed the present civil revision application.
Acts & Sections
- Maharashtra Rent Control Act, 1999:
- Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947: 15A
