Allowed

Mr. Akhtar Ali Chaudhary v. Kennel Furtado and Ors.

Bombay HC22 Jan 2013WP/2/2013

Case brief

AI extract

What is this about?

Petitioner withdrew writ petition challenging eviction order under leave-and-licence agreement. Court allowed withdrawal, dismissed petition, and directed petitioner to file undertaking to vacate by May 1, 2013, pending full date extension for children's exams. Enforcement stayed if undertaking filed.

What did the court decide?

Petition allowed to be withdrawn and dismissed; eviction ordered subject to three-month extension for school children and filing of undertaking.

Mr. Akhtar Ali Chaudhary Vs Kennel Furtado and Ors. — Landlord and Tenant | Bombay HC (2013)

¶1

¶2

wp2-13.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2 OF 2013

¶4

Akhtar Ali Choudhary .. Petitioner Versus Kennel Furtado .. Respondent

¶5

Mr.M.D.Pokale for petitioner respondent No.1 in person.

¶6

CORAM : S. C. DHARMADHIKARI, J. 22^nd January 2013.

¶7

P.C.:

¶8

1] This petition is directed against the order passed by the

¶9

competent authority on Application No.29 of 2011 and which has been affirmed by the Revisional Authority under which pursuant to a leave and licence agreement, the petitioner original licensee has been directed to vacate and hand over the suit premises.

¶10

2] After this petition was argued for some time and when the attention of the petitioner was invited to the leave and licence agreement and the correspondence thereafter, he states that the

¶11

¶12

wp2-13.doc

¶13

transaction and deal was that of leave and licence under which no right has been created in his favour in relation to the premises and that he was to vacate and hand over the peaceful possession of the premises. The consequence of all this was brought to the notice and equally the falsity of the allegations made not only against the respondent original licensor but against the competent authority, the petitioner who is present in court instructs his Advocate to unconditionally withdraw the petition and all allegations made against the licensor and equally the competent authority. He prays for mercy by stating

¶14

that he has school going children and their examinations are due in the month of April 2013. Therefore, he should not be evicted and dispossessed from the premises till 30^th April 2013 and that is the only request that he makes after withdrawing all the allegations and equally the petition.

¶15

3] The licensor is present in court and he states that it is only for this limited period that the court may protect the petitioner

¶16

¶17

wp2-13.doc

¶18

but by imposing certain conditions including of payment of arrears of licence fees and/or compensation upto 30^th April 2013, but without prejudice to the rights and contentions of respondent and equally creating no right in the property.

¶19

4] Having noted this request made on behalf of school going children, purely on humanitarian grounds it is directed that the petitioner shall not be thrown out or dispossessed from the premises in question till 30^th April 2013, provided within a period of two weeks from today, the petitioner files an undertaking in this Court stating that (i) he and his family members including school going children are the only ones who

¶20

are staying in the premises and none other than these persons are in physical occupation and possession of the premises, (ii) that he will pay all arrears and compensation and pay the licence fees till 30^th April 2013; (iii) that he will hand over vacant and peaceful possession of the premises on or before 1^st

¶21

May 2013, (iv) that till 1^st May 2013, he will not induct

¶22

¶23

wp2-13.doc

¶24

anybody else in the premises and the possession thereof will be exclusively with him and his family members, including school going children.

¶25

5] If such an undertaking is filed and within the period stipulated the order of the competent authority affirmed by Revisional Authority shall not be enforced and executed till 1^st May 2013. If no such undertaking is filed or undertaking is filed and the premises are not handed over on 1^st May 2013, the respondent can approach the nearest police station and seek assistance of the police officers to dispossess the petitioner and his family members from the premises forcibly and by breaking

¶26

open any locks or seals placed thereon.

¶27

6] The petition is allowed to be withdrawn with the aforesaid

¶28

directions and dismissed as such. No costs.

Mr. Akhtar Ali Chaudhary v. Kennel Furtado and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Akhtar Ali Chaudhary v. Kennel Furtado and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vasaram Mohanbhai Patel Vs Shri Moinul Haq Chaudhary and Ors.

Shri Eknath Raghunath Dalvi Vs the Municipal Corporation of Greater Mumbai and Anr.

Bandra Mitrakunj Co-Operative Housing Society Ltd., Vs Major Emmanuel Ruben Samson

Hasmukh Lallubhai Rathod and Anr. Vs the Sonawala Company Pvt. Ltd. and Others

Union of India through the General Manager Western Railway and Ors. Vs Bandra Gas Service and Anr.

Raishi Shivji Chheda Vs Dhirajlal Raishi Chheda