VALLABHDAS MOHANLAL PANDYA Vs. TATA CHEMICALS LTD

JUDGEMENT

(1.) PRESENT revision u/s.29(2) of the Bombay Rents, Hotels and Lodging House Rates Control Act (for short, ?the Rent Act?) is directed against the judgment and order dated 20th July 1996 passed by the learned Assistant Judge, Jamnagar in Regular Civil Appeal No.38 of 1994 whereby, the said appeal was dismissed and the judgment and decree dated 19th March 1994 passed by the learned Civil Judge (J.D.), Dwarka in Regular Civil Suit No.105 of 1987 was confirmed.

(2.) THE facts in brief are that the respondent-Company had allotted one of its residential quarters to appellant-deceased Vallabhdas Mohanlal Pandya since he was an employee of the respondent-Company. THE appellant herein is the legal heir and representative of the deceased employee. THE deceased employee had expired while in service on 13th June 1974 but, the appellant continued to occupy the quarter.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. Before the Courts below, a contention was raised by the defendants that the provisions of the Rent Act shall be applicable to the present case and that there existed the relationship of master ? servant between the plaintiff and defendant. However, the said submission was not accepted by the Courts below since the area in which the residential quarter of the respondent-Company is constructed is an independent revenue unit and does not fall within the area of any Gram Panchayat, Nagar Panchayat, Nagar Palika / Municipal Corporation. The residential quarters is situated within the area called Mithapur Township established by the respondent-Company over lands bearing different survey numbers of different villages. The Government of Gujarat constituted the independent revenue unit of Mithapur by passing Notification dated 16th June 1968 in exercise of powers u/s.7-A of the Bombay Land Revenue Code. Thus, the provisions of the Rent Act does not apply to the residential quarters belonging to the respondent-Company.