UNIVERSAL CABLES LTD Vs. LAXMI PROPERTIES LTD

JUDGEMENT

(1.) A short however an interesting question arises for consideration in this civil revision application namely 'whether notice of the respondentlandlord terminating tenancy of the applicant (tenant) was invalid, being not in conformity with Section 106 of the Transfer of Property Act,1882 as amended by Act No.3 of 2003.

(2.) The applicant/tenant is aggrieved by an eviction decree as passed by the trial Court and as confirmed by the appellate court, in an ejectment suit brought about by the respondentlandlord.

(3.) The suit premises is a servant quarter being Room No.13 admeasuring 104.81 sq.ft, on the ground floor of a building known as "Birla House" situated at 21, Mount Pleasant Road, Mumbai, which was let out to the applicant on quarterly rent of Rs.326/ for the purpose of accommodating applicant's servant. The tenancy is not in dispute. It is also not in dispute that the protection under the Maharashtra Rent Control Act, 1999 (for short 'the 1999 Act') is not available to the suit premises, in view of Section 3(1)(b) of the 1999 Act, as the applicant company has a paid up share capital of more than Rs.1 crore.