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1988 Supreme(SC) 361

R. S. PATHAK, M. H. KANIA
Nagji Vallabhji And Company – Appellant
Versus
Meghji Vijpar And Company – Respondent


Advocates:
A.J.Dholakia, E.MAQBUL, KAILASH VASUDEV, M.KARANJAVALA, S.A.Dave, Y.S.Chitale

Judgment

KANIA, J. :- This Appeal, by Special Leave granted under Article 136 of the Constitution, raises a short but interesting question as to the interpretation of sub-section (4)(a) of Section 4 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter referred to as "the Bombay Rent Act").

2. As the only point canvassed before us is a point of law, the relevant facts can be shortly stated.

3. The Appellants are the sub-tenants of Respondent No. 1 Firm in respect of Gala No. 4 or Bay No. 4 in a godown situated at the Grain Market at Dana Bunder in Bombay. Respondent No. 1 Firm were the tenants of the said premises, namely, the said godown in which the said Gala is situated, having taken a lease of the building in which it is situated along with the land on which the building stands from the Bombay Port Trust under a written agreement. The Appellants were in occupation of the said Gala under written agreements executed from time to time for a period of one year each. The last such agreement was executed on 7th November, 1970 and was to expire on 19th October, 1971, that is, at the end of Samvat year 2827 (2027?). Respondent No. 1 Firm served a notice throu
















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