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1953 Supreme(Bom) 173

CHAGLA
Bhikaji Ramchandra Paranjpe – Appellant
Versus
Pratap Spinning, Weaving and Manufacturing Co. Ltd. , Amalner – Respondent


Advocates:
V.M. Tarkunde with G.S. Gupte, for Petitioners; R.B. Kotwal, for Opponents.

Judgement

ORDER : - This is an application in revision arising out of proceedings for declaration of the standard rent of certain premises, and the facts are that the opponent company passed a rent note in favour of the petitioners who are the landlords on 18-3-1909, in respect of certain premises. The rent note granted a lease for 20 years in favour of the opponent company and the rent fixed under the rent note was Rs.600. The rent note gave the option to the opponent company to renew the lease for a further period of 20 years on the same rent and the opponent company availed itself of that option and the lease was renewed for a further period of 20 years.

In 1949 when the lease expired, the opponent company became a statutory tenant and was protected from eviction by the Rent Act. It appears that when subletting was permissible the opponent company sublet the premises. The position of the premises when the rent note was executed in 1909 was that they consisted of an open plot of land with nine sheds built on it and the opponent company built other structures besides the nine sheds on this open plot of land and these structures were let out to various sub-tenants, and the allegation















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