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Issues: Whether the occupant was a licensee under a subsisting agreement on 1 February 1973 so as to obtain deemed tenancy protection under section 15A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Analysis: The licence was granted for a limited period and expired by efflux of time on 31 March 1966. After expiry, the occupant did not acquire any right to remain in possession, and mere continuance in occupation did not amount to a subsisting licence. The protection under section 15A was available only to a person in occupation as a licensee within the meaning of section 5(4A) on 1 February 1973. A person whose licence had already been revoked could not be treated as a licensee under a subsisting agreement, and payment or acceptance of compensation for use and occupation could not revive the licence or create a fresh one by implication.
Conclusion: The occupant was not entitled to the protection of section 15A and the eviction order was rightly made in favour of the licensors.
Ratio Decidendi: Deemed tenancy protection for a licensee arises only where the person is in occupation under a subsisting licence on the statutory date; occupation after expiry or revocation of the licence does not revive that status or create a fresh licence by implication.
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