The Bombay High Court addressed the jurisdictional issue under Section 24 of the Maharashtra Rent Control Act, 1999 (MRC Act), concerning eviction of a licensee. The court had to determine whether the premises were licensed for residential or commercial use, a key factor deciding the Competent Authority's jurisdiction.

1. Introduction and Core Issue:

The petitioner sought eviction of the respondent under Section 24 of the MRC Act, which allows eviction of a licensee only if the premises are for residential purposes. The respondent contended the premises were for commercial use, challenging the jurisdiction of the Competent Authority.

2. Background of Agreements:

• A Leave and License Agreement dated April 27, 2017, specified residential use.
• Subsequent agreements (2019-2021) continued this purpose.
• The dispute arose with the final agreement (2021-2022), containing clauses suggesting commercial use.

3. Eviction Proceedings:

The Competent Authority ruled in favor of the petitioner, holding the premises were residential. However, the Revisional Authority overturned this decision, citing the agreement's commercial clauses.

4. Evidence and Disputes:

• The petitioner provided documentary evidence of residential use.
• Contrarily, the respondent argued multiple clauses in the final agreement indicated commercial use.

5. Legal Interpretation:

The court analyzed:

• Section 24: Confers jurisdiction only for residential licenses.
• Section 55: Tenant/licensee's contention prevails in the absence of a registered agreement unless disproved.

6. Key Observations:

• Admissions by the respondent and her husband regarding residential use weakened the claim of commercial use.
• Conflicting clauses in the agreement led the court to favor evidence of actual residential usage.

Acts and Sections Discussed:

1. Section 24, Maharashtra Rent Control Act, 1999: Jurisdiction for residential license eviction.
2. Section 30: Prohibition on converting residential premises for commercial purposes.
3. Section 55: Tenant’s contention prevails in the absence of a registered agreement unless proven otherwise.

Ratio Decidendi:

The Competent Authority retains jurisdiction if sufficient evidence demonstrates the license was granted for residential purposes, even if unregistered agreements contain contradictory clauses suggesting commercial use.

Subjects:

Maharashtra Rent Control Act, Jurisdiction, Eviction Proceedings.

Residential License, Commercial License, Section 24, Legal Jurisdiction, Rent Control Act.