High Court of Judicature at Bombay
S.C. DHARMADHIKARI, J.
Khadi and Village Industries Commission
Versus
Smt. Saraswati Ramkrishna Dalmia & Others
Civil Revision Application No.562 of 2012
Decided on : 08-03-2013
A commission established under Khadi and Village Industries Commission Act, being a Corporation, cannot claim protection under Act, 1999. - The golden thread which runs through Section 3(1)(b) is test of financial capability that can safely be applied to the case of KVIC. It is not the object and purpose for which the Corporation has been established which is relevant but it is its financial capacity and capability and whether it needs protection of a social and beneficial Legislation like Maharashtra Rent Control Act, 1999. If it is found to be not just cash rich but able to afford payment of rent at market rate because of its financial capability, then, merely because KVIC is named as a "Commission" does not mean that it is not a Corporation established by or under a law by the Central or State Government. In this case on scanning of the provisions of KVIC Act it becomes apparent that it is a Corporation established under the KVIC Act, 1961. If it is so and its role has to be seen in the backdrop of its setting, its functions, its powers and equally its finances, then, the general perspective or definition of the term "Mission" will not be decisive.
Though dictionary meanings can be pressed into service their application will depend upon the context in which the word has been used and the word "Commission" here has been used as nothing but another name for a Corporation established or constituted by the Central Act, then, it is clear that the applicant cannot claim protection of the Maharashtra Rent Control Act. It falls outside its purview. Once it is not covered and has no protection of a rent control legislation, then, its rights as a lessee or tenant are governed by the general law i.e. by Transfer of Property Act, 1882.
1] Heard. Rule. Respondents waive service. By consent rule made returnable forthwith.
2] This civil revision application is filed by Khadi and Village Industries Commission, (KVIC) challenging the judgment and order dated 27th April 2012 of the Appellate Bench of Small Causes Court, Mumbai in Appeal No.15 of 2011 confirming the judgment and decree of the same court in T.E.& R Suit No.177/204 of 2007.
3] The suit was filed by the respondents original plaintiffs stating that they are landlords and owners of the property known as Dalmia Compound, situate at Plot No.67, 66, 65/2 and 65/3 off Dr.P.Mozes Road, Mahalaxmi, Mumbai 400 011 (said property for short). It is stated that the applicant before me, original defendant, is a monthly tenant in respect of a godown premises admeasuring about 9000 sft. situate in the said property and particularly described in the plaint, annexed as Annexure A to the plaint. Thus, the godown premises are the subject matter of the suit and described as the suit premises hereinafter. It is stated that the applicant was paying monthly rent of Rs.777.31.
4] It is stated that in or about 1988, the respondents and one Mrs.Ila Dalmia executed sale cum agreement deed whereby they assigned all their rights, title and interest in the suit premises in favour of M/s.Suresh Estates Pvt. Ltd. (Suresh Estates for short), having its office at 59 Sonawala Building, 2nd floor, Bombay Samachar Marg, Mumbai 400 023. An irrevocable power of attorney was also executed in their favour so as to enable them to take steps to manage the property. Ms.Ila Dalmia expired some time in August 2003 leaving behind her, original plaintiff Nos. 1 to 4 as her legal heirs and representatives who are entitled to all her right, interest in the suit premises. As authorised by the respondents, the applicants were paying rent to the said Suresh Estates. It is then alleged in the plaint that for the period 1997-98 there was no dispute raised by any party as to the right, title and entitlement of the said Suresh Estates to continue, possess and occupy the said premises. However, it appears that there was an objection in the form of a show cause notice by the Collector of Mumbai City. That show cause notice was dated 5th April 1997, which was duly replied by the said Suresh Estates. The Collector of Mumbai passed an order dated 18th August 1997 inter alia directing that the suit premises be re-entered and also directed the said Suresh Estates to deposit a sum of Rs.22 lakhs with interest at the rate of 15% from 19th July 1993. By that order, the Collector directed the sub-lease holders/ tenants of the property to deposit the rent in his office. The said M/s.Suresh Estates filed a Writ Petition No.1697 of 1997 in this Court. This Court directed parties to maintain status quo and permitted Suresh Estates to file an appeal under section 247 of the Maharashtra Land Revenue Code, 1966. Accordingly, M/s.Suresh Estates preferred an appeal before the Commissioner, Konkan Division. The appellate authority refused to entertain the appeal and dismissed it. Being aggrieved by that order dated 12th June 1998, M/s.Suresh Estates filed another appeal under section 248 of the Land Revenue Code, 1966 before the State Government. On 4th May 2000, the Revenue Minister of the State of Maharashtra was pleased to dismiss the appeal. M/s.Suresh Estates, therefore, had filed a Writ Petition No.1832 of 2000, challenging the order of Appellate Authority and Revenue Minister. The said M/s.Suresh Estates had also filed a petition being Writ Petition No.657 of 2002 against the order of the Collector, which is original order under show cause notice. This Court dismissed the Writ Petition No.1832 of 2000 and therefore the other petition being Writ Petition No.657 of 2002 was not pressed. Thereafter, an appeal before the Division Bench was filed by M/s.Suresh Estates and by an order passed on 5th April 2004, this Court reserved liberty to the said Suresh Estates to
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.