FAIZABAD DISTILLERS PVT LTD Vs. SALIM TAILOR

JUDGEMENT

(1.) Messrs Faizabad Distillers Private Limited was ordered to be wound up by an order of this Court dated 19-4-1970. Since then, almost for about 21 years the winding up proceedings are going on.

(2.) The Official Liquidator has pleaded under Section 446 of the Companies Act, 1956, referred to hereinafter as the Act, to report to the court that the company under liquidation has its immoveable property situate at Dharamshala Naka Muzaffara, Faizabad and in this property was a tenant one Salim son of Abdullah in a portion of the premises measuring 10'x 8' on the ground floor known as Abkari Dharmshala situate at Naka Muzaffara consisting of one room on a rent of Rs. 50.00- per month. The tenancy was from month to month beginning from the 1st of each English calendar ending on the last day of the month. The premises in question was allotted to the aforesaid Salim, a tailor by profession under the terms and conditions of allotment order dated 22/11/1983 which this tenant accepted in writing. A copy of the allotment order and the copy of the acceptance letter of the tenant are appended to the report of the Official Liquidator as Annexures 1 and 2 and are dated 22/11/1983 and 31/01/1984, respectively.

(3.) The Official Liquidator contends that Salim, opposite party defaulted in payment of rent from Sept. 1, 198 4/06/1985, a period of 10 months for which a demand notice dated 28/06/1985 was sent by registered A. D. post. The opposite party had replied to this notice. In his reply dated 5/05/1987 he has stated that he was ill and remained out of station for one year on account of his treatment and promised to remit the arrears amounting to Rs. 1650.00-otherwise payable by him by 30/04/1987. The Official Liquidator submits that the deposit was not made.