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2008 Supreme(SC) 1250

S.H.KAPADIA, B.SUDERSHAN REDDY
Leelabai Gajanan Pansare – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocate Appeared:
For the Appellants:Gopal Singh, Manish Kumar, Chandan Kumar and Mohit Kumar Shah, Advocates.
For the Respondents:Abhishek Singh and Ms. K.V. Bharathi Upadhyaya, Advocates.

Judgment

S.H. Kapadia, J.

Civil Appeals arising out of S.L.P.(C) Nos. 5855/07 and S.L.P. (C) No.16237/08:

1. Leave granted.

2. Applications for interventions are allowed.

3. An important question of law regarding interpretation of Section 3(1) (b) of the Maharashtra Rent Control Act, 1999 is involved in the present appeal, namely:-

"Whether a Government Company falls within the compendious expression "any public sector undertakings or corporation established by or under any Central or State Act" in Section 3(1)(b) of the Maharashtra Rent Control Act, 1999 ("Rent Act" in short)."

4. For the sake of convenience we may state the facts of the case in SLP (C) No. 5855/07 in the case of Leelabai Gajanan Pansare & Ors. v. Oriental Insurance Company Ltd. & Ors.

Facts:

5. Appellants-landlords had let out the suit-premises admeasuring 3214 sq. ft. (approx.) in Thane to Oriental Insurance Company Ltd. ("OIC" for short). The rent was Rs. 10,000/- per month. Vide notice dated 15.4.2002 under Section 106 of the Transfer of Property Act, appellant terminated the tenancy of the said Company. On failure of OIC to vacate the premises, they instituted a suit for eviction. OIC took the plea that it

















































































































































































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