maharashtra rent control act
Guest
(Querist) 31 May 2011
This query is : Open
sir,
i am representing a landlord in a litigation who has given his premises for 33 months on a registered leave and license agreement to one of his colleague junior doctor for medical purposes.
now, my client had filed a suit for ejectment and possession before the Small Cause Court and the same was decreed. thereafter, the defendant therein filed an appeal U/s. 26-A of the Provincial Small Cause Court Act, and Section 34 of the Maharashtra Rent Control Act, 1999 and the same was duly dismissed. now the original defendant has filed a Writ Petition U/A. 226 of the Constitution before the High Court and the prime ground is that, since the definition of licensee does not include premises given for medical purposes. the defenant is not a licensee and hence all the proceedings undertaken by my client fall to ground and that the defendant becomes a tenant or a lessee ?
my questions :-
1. is defenant correct ?
2. Whether a leave and license registered agreement for commercial purposes help a landlord to file a suit for ejectment and possession before the Small Cause Court under which act ?
