Jabal C. Lashkari Vs Official Liquidator
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Head Note
Civil Law - Winding up Proceedings
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Section 12(2), 12(3)(b) - Perpetual Lease to Company - Winding up Proceedings - Eviction petition - Ground of default in payment of rent - Service of notice giving an opportunity to the tenant to pay the unpaid rent is the first chance/opportunity that the Rent Act contemplates as a legal necessity incumbent on the landlord to afford to the tenant -No such notice as contemplated by Section 13 (2) has been issued by the landlord - In such a situation, the readiness and willingness of the tenant to pay the rent, though may have continued for a fairly long time without actual payment, will not deprive the tenant of the protection under the Rent Act.
Civil Law - Winding up Proceedings
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947,Section 13(1)(e) - Perpetual Lease to Company - Winding up Proceedings - Eviction petition - Ground of non-user of land - Requirement of unjustified non-user for a period exceeding 6 months which evidently is not be attracted to the present case in view of the pendency of the liquidation proceedings - That apart, Clause 5 of the lease deed which deals with non-user of the leased land does not contemplate eviction on account of such non-user but merely entitles the lessor to receive rent for the period of such non-user of the land - Mere fact that the company has been ordered to be wound up cannot be a ground to direct the official liquidator to handover possession of the land to the owners inasmuch as the company in liquidation continues to maintain its corporate existence until it stands dissolved upon completion of the liquidation proceedings in the manner contemplated by the Companies Act - It has been repeatedly submitted before the Court by both sides that presently revival of 'P' Mills is a live issue pending before the High Court, a fact which cannot be ignored by this Court in deciding the above issue against the appellants.
Civil Law - Winding up Proceedings
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947,Section 13(1)(e) - Perpetual Lease to Company - Winding up Proceedings - Eviction petition - Ground of unauthorized assignment -Non obstante clause of Section 13 (1) overrides only the other provisions of the Bombay Rent Act and is also subject to the provisions of Section 15 - Section 15 which deals with sub-letting and transfer, though overrides the provisions contained in any other law, is subject to any contract to the contrary - Though the lease deed (clause 7) is capable of being read as permitting sub-letting and not assignment what has been held in the present case by the High Court - Case of sub-letting of the leased premises on which basis eviction has been prayed for is not sub-letting/assignment by the official liquidator but assignment of the leased premises to 'P' Mills by the original managing agents in whose favour the initial lease was executed by the predecessors of the present owners - Ground of unauthorized and impermissible assignment by the official liquidator on the strength of the notice/advertisement for disposal of the leased land thereby making the said authority liable for eviction overlooks the fact that the assignment was only sought to be made by the advertisement/notice issued and did not amount to a completed action on the part of the official liquidator so as to attract the relevant provisions of the Bombay Rent Act dealing with the consequential liability for eviction.
Topic(s)-Perpetual Lease to Company - Winding up Proceedings - Eviction Petition