UNION OF INDIA Vs. LOTUS PROPERTIES (PVT.) LTD.

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India is directed against the concurrent judgments & orders passed by the Courts below.

(2.) THE petitioner is the Union of India, who suffered a decree for eviction under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the 'Rent Act'). The first respondent is the Private Limited Company. The second respondent is share holder of the said Company.

(3.) MR . Desai, the learned counsel appearing for the petitioners firstly urged that since the petitioner Union of India is a tenant of the premises in question the said premises are exempted from the operation of the provisions of the Rent Act. According to the learned counsel, the provisions of the Bombay Rent Act do not apply to the premises in question and consequently a decree under Section 13(1)(g) of the Rent Act passed by the Courts below is without jurisdiction and must be quashed and set aside. The submission that the premises in question are exempted under Section 4 of the Bombay Rent Act does not appeal to me at all. The question directly fell for consideration before the learned Single Judge of this Court in Union of India v. Commander M. Ghosh, 1984(2) Bom. C.R. 544. The learned Single Judge in his judgment has exhaustively dealt with this argument. He also considered the judgments of the Supreme Court as well as of this Court. The learned Single Judge negatived the contention as regards the exemption claimed under Section 4 of the Bombay Rent Act to such leases. The learned Judge observed :