DACUNHA ASSOCIATES PRIVATE LIMITED Vs. DILIP JHANGIANI

JUDGEMENT

(1.) This Civil Revision Application is directed against Judgment and Order passed by the Appellate Bench of Court of Small Causes reversing Judgment of the Trial Judge dismissing landlord's suit and granting decree of applicant's ejectment.

(2.) Facts which are material for deciding this Civil Revision Application are as under :- The Respondent Nos.1 to 4 (original Plaintiffs) are the owners of the property known as Elysium Mansion , 7, Walton Road, Colaba, Mumbai 400 005. Premises known as Office No.9 on the West wing of 4th floor of said building admeasuring 970 square feet are the subject matter of these proceedings. They were let out to Sterling General Insurance Company Limited. On 18th June, 1969 said Sterling General Insurance Company Limited gave these premises on licence to the present applicant. On 30th October, 1969, the applicant claims to have acquired from Indian Cotton Mills Federation a licence in respect of even the remaining 508 square feet of the West wing on the 4th floor known as Office No.10 (not a subject matter of these proceedings) and thus occupies in all 1475 square feet area on the West wing, which, according to Applicant, constitutes one premises.

(3.) Respondent No.5 (original Defendant No.1) Oriental Insurance Company Limited is successor of Sterling General Insurance Company Limited and is a Public Sector Corporation having a paid up share capital of more than Rs.100,00,000/-, and therefore in view of provisions of Section 3 of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as 'Maharashtra Rent Act') does not have the protection of the Rent Act.