FGP LTD Vs. SALEH HOOSEINI DOCTOR

JUDGEMENT

(1.) Leave granted.

(2.) The order of the High Court in its revisional jurisdiction is impugned before this Court by the appellant herein, a tenant in respect of the premises being No. D1, Unit Type 401 on the 4th Floor of the Building known as "Daisylea" situated at 17A, Mount Pleasant Road, Mumbai-400006 (hereinafter "the suit premises").

(3.) The appellant is a public limited company whose paid up share capital is more than Rs. 1 crore and is therefore not entitled to any protection under the Maharashtra Rent Control Act, 1999. On 16.07.1981 the appellant entered into a tenancy agreement with Late Mrs. Sheroo Hooseini Doctor, mother of the respondents and the original owner of the suit premises. The appellant contends that prior to 16.07.1981 the said owner entered into another agreement with it and agreed to sell the flat for a sum of Rs. 5 lacs and in the said agreement it was acknowledged that the payment of the entire sale consideration of Rs. 5 lacs had been received by the original owner. The further case of the appellant is that as the sale in terms of the sale agreement dated 16.07.1981 was not completed within time, it gave a notice in 1991 to the vendor to complete the sale and as it was not completed, the appellant thereafter filed a suit for specific performance on 10.10.1991 which is still pending in the High Court.