Hon'ble GANGULY, J.— Leave granted.

2. The order of the High Court in its revisional jurisdiction is impugned before this Court by the appellant herein, a tenant in respect of the premises being No.D1, Unit Type 401 on the 4th Floor of the Building known as “Daisylea” situated at 17A, Mount Pleasant Road, Mumbai-400006 (hereinafter “the suit premises”).

3. The appellant is a public limited company whose paid up share capital is more than Rs.1 crore and is therefore not entitled to any protection under the Maharashtra Rent Control Act, 1999. On 16.07.1981 the appellant entered into a tenancy agreement with Late Mrs. Sheroo Hooseini Doctor, mother of the respondents and the original owner of the suit premises. The appellant contends that prior to 16.07.1981 the said owner entered into another agreement with it and agreed to sell the flat for a sum of Rs.5 lacs and in the said agreement it was acknowledged that the payment of the entire sale consideration of Rs.5 lacs had been received by the original owner. The further case of the appellant is that as the sale in terms of the sale agreement dated 16.07.1981 was not completed within time, it gave a notice in 1991 to the vendor to complete the sale and as it was not completed, the appellant thereafter filed a suit for specific performance on 10.10.1991 which is still pending in the High Court.

4. However, the respondents filed a suit being R.A.E. Suit No.127/338 of 1991 against the appellant in the Court of Small Causes under the Bombay Rent Act, 1947 for possession of the suit premises on the ground of reasonable and bona fide requirement. After the amendment of the provisions of Maharashtra Rent Control Act, 1999 the previous suit of 1991 filed under the Bombay Rent Act, 1947 was withdrawn on 24.01.2003. Prior to that another suit was filed on 2.08.2001 by Saleh Hooseini Doctor and Niloofer Arun Sawhney, who are son and daughter respectively of the original owner, in the Small Causes Court against the appellant and it was registered as TE & R Suit No.427/450 of 2001.

5. On 12.08.2005 the said suit was allowed by the Small Causes Court of Bombay, inter alia, holding that the suit is maintainable as the plaintiffs represent the estate of the original owner. The trial Court directed appellant to handover vacant and peaceful possession of the suit premises and ordered an enquiry with respect of mesne profit. Against the said judgment and order, the appellant filed an appeal which was dismissed on 30.08.2008 by the Court of Small Causes Bombay being Appeal No.731 of 2005.

6. Challenging the said order, the revision application was filed before the High court which was also dismissed by the High Court on 2.12.2008. As noted above impugning the High Court judgment the present proceeding has been initiated before this Court by the appellant.

7. Before the High Court it was conceded on behalf of the appellant that it is a public limited company having paid up share capital of more than Rs.1 crore and, therefore, the suit premises is exempted from the provisions of Maharashtra Rent Control Act, 1999.

8. From the reading of the judgment of the High Court, it appears that the only point urged before the High Court in revision was that plaintiffs cannot file the suit, inter alia, on the ground that the original owner Mrs. Sheroo Doctor and her husband Hooseini Doctor, even though belonged to Dawoodi Muslim Community and married according to Muslim rites, they got their marriage registered under the Special Marriage Act on 11.01.1991. As a result of such registration, the marriage shall, as from the date of such registration, be deemed to be a marriage solemnized under the said Act and as a consequence thereof under Section 21 of the said Act, the property of the parties shall be regulated under the provisions of Indian Succession Act, 1925. It was further urged that as a result of the necessary corollary of the same, the provisions of sub-section (2), Section 213 of the Indian Succession Act is not

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