Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Rent Control Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Rent Control Act, 1999 - s.3(1)(b) - Applicability of - Tenant a company having paid up capital share of more than Rs.one crore - Suit for eviction before regular Court - On the ground of default in payment of rent - Tenant-company reducing its paid up capital share to less than Rs.one crore, subsequent to institution of suit - Trial court passing decree, holding that s.3(1)(b) was not applicable - Confirmed by appellate court as well as High Court - After interim order of Supreme Court partial payment of rent - Plea that the trial court did not have the power to decide the case in absence of jurisdictional fact of 'paid up capital' - Held: Eviction decree was rightly passed - Section 3(1)(b) is not applicable to the present case, as the jurisdictional fact of 'paid up capital' was existing on the date of termination of tenancy and institution of suit - The subsequent unilateral act of reduction of paid up capital by tenant would not take away the accrued right in favour of Landlord - In the facts of the case, tenant is also not entitled to equitable relief - Rent Control and Eviction - Constitution of India, 1950 - Article 136. Code of Civil Procedure, 1908 - 'Jurisdictional fact' and 'adjudicatory fact' - Distinction between.Jurisdiction - Jurisdiction of Court/Tribunal - Held: A Court can decide the issues of a case only if the jurisdictional fact exists.Subsequent Events - Effect of - Held: An accrued right by virtue of existing fact at the time of institution of suit cannot be put at naught by a subsequent event.Respondent-landlord had let out the premises in question to the appellant-tenant (a Public Limited Company having a paid up share capital of more than rupees one crore). Applicability of Maharashtra Rent Control Act, 1999 was exempted to such tenants by Section 3(1)(b) thereof. Due of default in payment of rent, landlord gave a notice to the tenant on 23.2.2001 determining the tenancy w.e.f. 31.3.2001. Since the premises was not vacated, landlord filed a suit for eviction before Small Causes Court. It also prayed for payment of mesne profits. Subsequent to filing of suit Tenant Company passed a resolution to reduce the paid up share capital to less than Rs.one crore. But the said resolution was never approved by BIFR. Trial Court passed decree of eviction holding that provisions of the Act were not applicable to the suit premises. The same was confirmed by a Bench of Small Causes Court in appeal and by High Court in Writ Petition. On interim order of this Court, the tenant deposited part payment in the Court.Appellant-tenant contended that in view of pendency of the question regarding constitutional validity of Section 3(1)(b) of the Act, the matter should not have been decided by the courts below; that even if constitutionality thereof was assumed, it was not applicable to the present case, the company having its paid up capital less than Rs.one crore; that the landlord should have made out the grounds under the Act for eviction; that the fact of 'paid up capital' being a 'jurisdictional fact' and in absence thereof, the Court had no power to deal with and decide the matter; and that the proceedings could not have continued as the same stood suspended in view of Section 22 of Sick Industrial Companies Act, 1985, the Company being a sick company.Respondent-landlord interalia contended that constitutional validity had been covered by decision of High Court; that subsequent resolution of the Company reducing the share capital to less than Rs.one crore would not deprive the owner to the 'right accused' as the 'jurisdictional fact' was very much in existence at the time of initiation of the proceedings; and that the appellant was not entitled even to any equitable relief. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 1008 |
Petitioner | Carona Ltd. |
Respondent | M/s Parathy Swaminathan & Sons |
SCR | [2007] 10 S.C.R. 656 |
Judgement Date | 2007-10-05 |
Case Number | 2805 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |