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2018 Supreme(Bom) 1394

S.B.SHUKRE
Indian Coffee Workers Cooperative Society Limited – Appellant
Versus
Estate Officer, Western Zone, for the Life Insurance Corporation of India – Respondent


Advocates Appeared:
For the Petitioner:Shri. S.N. Bhattad, Advocate and Shri. M.R. Pillai, Advocate
For the Respondent:Ms. Smita Deshpande, Advocate, Shri. P.N. Kothari, Advocate

JUDGMENT :

1. Petitioner is a Society registered under the Maharashtra Cooperative Societies Act. It is formed by the coffee workers and it engages itself in the business of running a coffee house in the city of Nagpur. In order to carry out its business of running a coffee house, it has taken on rent the premises situated on the ground floor of Indian Mutual Building, Mount Road, Sadar, Nagpur belonging to respondent no. 2. The petitioner was inducted as tenant in the suit premises with effect from 1st June 1958. It is not in dispute that on that date, respondent no. 2 was a Government company, in which not less than 51% of the paidup share capital was belonging to the Central Government, as defined under Section 617 of the Companies Act, 1956, which definition has also been reflected in Section 2 (e) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short, the “Public Premises Act”).

2. It is contended by the petitioner that in order to harass it, initially, respondent no. 2 demanded manifold increase in the rent and when the petitioner expressed its inability to fulfill the demand, respondent no. 2 issued a notice under the provisions of the Public Premise





























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