Comparison of provisions of Maharashtra Rent Act and
Delhi Rent Act shows that provisions like subsection (3) and
explanation (b) for the purpose of section 24 of the Maharashtra Rent
Act are not there in the Delhi Rent Act. Section 24(3) lays down that
the Competent Authority shall not entertain any claim of whatever
nature from any other person who is not licensee according to the
agreement of licence. Explanation (b) for the purpose of section 24
provides that an agreement of licence in writing shall be conclusive
evidence of fact stated therein. Such provision is not there in the
Delhi Rent Act. That apart, the ratio laid down by the Apex Court in
the cases of Precision Steel & Engineering Works & Indrajeet Kaur
(supra) will apply to the eviction proceedings under sections 15 & 16
that are to be tried by the Court specified in section 33 of the
Maharashtra Rent Act. For deciding the proceedings under sections 15
& 16 of the Maharashtra Rent Act, the regular trial is required to be
conducted and explanation (b) to section 24 and provisions of Chapter
VIII are not applicable to such proceedings. The proceedings under
Chapter VIII are to be tried by the Competent Authority keeping in
mind provisions of section 24 and Chapter VIII viz. sections 39, 41 to
44 and 47 of the Maharashtra Rent Act and not by the Court specified
by section 33.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3886 OF 2010
WITH
CIVIL APPLICATION NO. 2184 OF 2010
AMI Merchandising Pvt.Ltd Vs. State of Maharashtra and others
CORAM : R.G.KETKAR, J.
PRONOUNCED ON : 03rd April, 2014
Citation;2014(4) ALLMR 643 Bom
