G.S.KULKARNI
Universal Cables Ltd. – Appellant
Versus
Laxmi Properties Ltd. – Respondent
1. A short however an interesting question arises for consideration in this civil revision application namely 'whether notice of the respondent-landlord 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 respondent-landlord.
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.
4. By a notice of the respondent's Advocate issued under Secti
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.