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TMI Blog1988 (11) TMI 322X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said flat. Held that:- Appeal dismissed. Both the aforesaid questions are left open to be decided by a court of competent jurisdiction. We may, however, point out that if there are any observations in the judgment of the High Court to the effect that, after a written agreement of licence comes to an end, there cannot be an implied licence, they may not be taken as laying down the correct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d respondent No. 1 to stay therein. Respondent No. 1, after termination of his service in 1979, refused to vacate the flat and hence the company filed the complaint under section 630 of the Companies Act, 1956, for eviction of respondent No. 1 from the said flat and for taking possession of the flat and for punishing respondent No. 1. The Magistrate, after hearing the parties, passed an order fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law and that hence the Magistrate's court has no jurisdiction to decide the same. The High Court felt that the disputes raised by the respondent herein were bona fide disputes. Before us, it has not been disputed that this view of the High Court was correct as far as the question whether the company could be held to be a tenant of the flat is concerned. As far as the question of implied licence i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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