Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hotel and Lodging House Rates Control Act 1947 suit seeking permanent injunction Bombay Rents Secured creditors of lessee |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) Bombay Rents. Hotel and Lodging House Rates Control Act, 1947 (57 of 1947) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Bombay Rents, Hotel and Lodging House Rates Control Act, 1947: ss.12, 15 — Predecessor of appellant had leased out land for 199 years — Secured creditors of lessee filed winding up petition — Pending same, appellants filed suit seeking permanent injunction against sale of assets of company particularly sale of leased property - Company judge passed winding up order and order for appointment of Official Liquidator (OL) — Company application by arpellants for return of leased property on the grounds that in view of winding up order the company no longer required the leased land and furthermore default in payment of rent had occurred and that OL was not authorised to transfer the leased property in view of Rent Act of 1947 — Pending company application, advertisement for sale of leased land — Appellant filed company application for a declaration that the OL had no right to sell the leased property — Another company application filed seeking permission from the Company Court to file a suit for eviction of OL from the leased property — Company Court rejected all the applications — High Court upheld the same — On appeal, held: No notice issued by landlord for giving opportunity to tenant to pay unpaid rent — In such situation, the readiness and willingness of the tenant to pay the rent, though may have continued for a fairly long time-without actual payment, will not deprive the tenant of the protection under the Rent Act ~— Therefore, landlord cannot seek eviction on the ground of non-payment of rent — Case of sub-letting and non user was also not made out by the appellant-landlord— Mere fact that the company has been ordered to be wound up cannot be a ground to direct OL to handover possession of the land to the owners inasmuch as the company in liquidation continues to maintain its corporate existence until it stands dissolved upon completion of the liquidation proceedings in the manner contemplated by the Companies Act — In the instant case, it has been submitted before this Court that presently |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 280 |
Petitioner | Jabal C. Lashkari & Ors. |
Respondent | Official Liquidator & Ors. |
SCR | [2016] 2 S.C.R. 541 |
Judgement Date | 2016-03-29 |
Case Number | 3147-49 |
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