Synopsis

The petitioner (licensee) entered into a registered leave and license agreement for a flat in Mumbai for 36 months (June 2021 to May 2024). He claimed that he spent ₹50 lakhs on renovation and that a separate MOU was executed on 4 June 2021 agreeing that this amount would be treated as an additional security deposit. After the license period expired, he refused to vacate unless the alleged deposit of ₹53 lakhs (₹50 lakhs + ₹3 lakhs) was refunded. The Competent Authority under Section 24 of the Maharashtra Rent Control Act ordered eviction, awarding double damages at ₹2,60,000 per month. The Revisional Authority confirmed the order. The High Court dismissed the writ petition, holding that: (i) the Competent Authority’s jurisdiction under Section 24 is summary and limited to determining whether the license period has expired; (ii) it cannot look into extraneous documents like the MOU; (iii) incurring renovation expenses on a licensed premises does not entitle the licensee to continue possession after expiry; (iv) the licensee must seek recovery of such expenses separately in a civil suit. The court also noted that the MOU was prima facie inconsistent with the registered license agreement.

Court: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)

Coram: Hon’ble Mr. Justice Sandeep V. Marne (Single Judge)

Date of Judgment: 5th May 2026

Citation: Writ Petition No. 9525 of 2025 (unreported)

Core Law: Maharashtra Rent Control Act, 1999 – Sections 24, 43, 44; Summary eviction of licensee; Scope of inquiry by Competent Authority.

1. Heading of the judgment

High court of judicature at bombay civil appellate jurisdiction

Writ petition no. 9525 of 2025

Mohammed arbaaz aziz farooqui (petitioner) vs. Hiroo hiranand ragoowansi (respondent)

Coram: hon’ble mr. justice sandeep v. marne

Reserved on: 29th april, 2026; pronounced on: 5th may, 2026

2. Legal framework

Major laws and provisions involved:

• Maharashtra rent control act, 1999 – section 24 (landlord entitled to recover possession of premises given on licence on expiry), section 43 (special procedure for disposal of applications), section 44 (revision)

• Code of civil procedure, 1908 – order 3 rule 1 (powers of attorney), order 21 rule 34 (execution)

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