1993 (4) TMI 328 - SC - Indian Laws

Summary

Issues:
1. Can a statutory tenant create a license, and can such licensee claim immunity from eviction under Section 15A of the Bombay Rent Hotel and Lodging House Rates Control Act 57 of 1947?
2. Interpretation of statutory tenant rights and interests under various court decisions.
3. Application and interpretation of Section 15A of the Bombay Rent Act.
4. Revocation of a license under Section 62 of the Indian Easements Act.

Analysis:

1. The case involved the question of whether a statutory tenant can create a license and if such a licensee can claim immunity from eviction under Section 15A of the Bombay Rent Act. The High Court held that a license created by a statutory tenant was valid, entitling the licensee to the protection of Section 15A. The Court relied on previous decisions to establish the rights of a statutory tenant and the validity of licenses created by them.

2. The Court referred to previous judgments to define a statutory tenant as a person remaining in occupation of premises after the termination of the tenancy. The rights of a statutory tenant were distinguished from those of a contractual tenant, with the former having no estate or interest in the premises. The Court also discussed the transferability of rights and interests between tenants and the limitations imposed by the statute.

3. Section 15A of the Bombay Rent Act was analyzed to determine its application in the case. The section protected a licensee from eviction if they were in occupation of the premises as a licensee on the specified date. The Court emphasized that the protection under Section 15A applied to valid licenses created by contractual tenants or statutory tenants operating at par with contractual tenants.

4. The Court further examined the revocation of a license under Section 62 of the Indian Easements Act. It was held that a license granted by a contractual tenant, who had become a statutory tenant, was invalid as the grantor had ceased to have any interest in the property. Therefore, the license was deemed revoked, and the respondent could not claim protection under Section 15A.

In conclusion, the appeal was allowed, setting aside the High Court's order and dismissing the writ petition, with no order as to costs. The judgment clarified the rights of statutory tenants, the validity of licenses created by them, and the application of Section 15A of the Bombay Rent Act in such cases.