SHASHICHAND JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) ALL these writ petitions are for a writ of certiorari against the respondents for quashing or setting aside criminal complaints which have been filed against the petitioners in each of the writ petitions and in the alternative for a writ of mandamus directing the respondents to withdraw and/or forbear from taking any steps in pursuance of criminal complaints which have been filed against the petitioners.

(2.) THE facts are common to all these petitions. The petitioners in each of these petitions were originally the tenants of various premises in a building known as Shikhar Kunj situated at 29a Carmichael Road, Bombay- 400 026 which was owned by one M/s. Sahu Brothers (Saurashtra) Pvt. Ltd. The share capital in this company was held by some of the tenants. Each of the petitioners were paying a monthly rent to the said company. The premises were covered by the Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947. The said company entered into an agreement dated 10-3-1966 with another company known as Carmichael Properties Pvt. Ltd. for the sale of its entire property with a view that the building may be demolished and a new multi-storeyed building may be constructed by Carmichael Properties Pvt. Ltd. , the latter being a wholly owned subsidiary of Sahu Brothers Pvt. Ltd. Prior to this agreement, the landlord namely Sahu Brothers Pvt. Ltd. entered into an agreement with the tenants which agreement is dated 7-1-1966. Under this agreement, the tenants agreed to vacate the premises occupied by them in Shikhar Kunj on condition that after the sale of the said property was completed and a new building was constructed, each of them would be put in possession of a flat in the new building on condition that they would pay the permissible standard rent in respect of the new flat as per the provisions of law. If, at any time after the amount of standard rent so payable was ascertained, the tenants desired to purchase the flats allotted to them in the new building on ownership basis, the new company would sell the flat to the old tenants at the capitalised value of the said standard rent, the value to be calculated at the rate of 71/2% yield per annum or at the cost price of the carpet area of the new flat, whichever was less. Until they were put in possession of the new flat, the old tenants were to pay Re. 1/- per month as nominal rent while the building was being demolished and the new building was being constructed.

(3.) ACCORDINGLY, the tenants vacated Shikar Kunj in January, 1966. The new building was completed some-time in the year 1971 and the tenants purchased the flats so alloted to them on payment of the agreed price as per the agreement of 7-1-1966.