A writ petitioner challenging eviction after lease expiration. The court held lease period ended, petitioner violated terms by subletting, and no equitable relief exists. Petition dismissed as devoid of substance.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
960 WRIT PETITION NO. 3900 OF 2016
SHAKEER KHAJAMIYAN MUNDHE
VERSUS
THE CHAIRMAN MANAGING DIRECTOR OF MSRTC MUMABI AND
ANOTHER
...
Advocate for Petitioner : Mr. Salve Avinash R.
Advocate for Respondents 1 and 2 : Mr. D. S. Bagul
CORAM: R. M. BORDE &
K. L. WADANE, JJ.
DATE:
17th June, 2016
ORDER:
1.Heard learned counsel for the parties.
2. Since the period under the lease agreement has
come to an end, the petitioner does not have any
entitlement to continue to remain in possession of the
premises leased to him. It is the contention of the
Respondent-Corporation that the petitioner has sublet
the premises and the subtenant has issued a letter,
undertaking to vacate the premises.
3. Since the petitioner has allegedly violated the
terms of lease, he is not entitled for equitable
relief. The petitioner requests to direct the
respondents to consider his application for extension
of the lease period. If the Corporation has such a
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960.odt
policy and if the petitioner fulfills the terms and
conditions, it would be open for the respondent-
Corporation to consider such request.
4. In view of the fact that lease period has
already come to an end on 09.05.2016, there is no
ground to cause interference in the matter. The writ
petition is devoid of substance and stands dismissed.
JPC
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3 issues framed by the court
Whether the High Court should interfere when the lease period has expired and the petitioner violates lease terms.
Whether the petitioner is entitled to equitable relief having sublet the premises and made assurances to vacate.
Whether there is any ground to cause interference in a writ petition where the lease has come to an end.
Shakeer Khajamiyan Mundhe
The Chairman Managing Director of MSRTC Mumbai
The Another
R. M. Borde
K. L. Wadane
As recorded by the court registry
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