BOMBAY FORGINGS LTD. Vs. MANILAL

JUDGEMENT

(1.) This Chamber Summons is for rejection of the plaint under Order 7 Rule 11(d) of the CPC as having been barred by Section 41 of the Presidency Small Causes Courts Act, 1882 (the PSCC Act) which is pari materia of Section 33 of the Maharashtra Rent Control Act, 1999 (the MRC Act).

(2.) The plaintiff is the lessee of the defendant under a Deed of Lease dated 4th April, 1972 under which the lease commences from 16.02.1972. The lease was for the period of 30 years. It was extendable for the further period of 30 years on the plaintiff, as the lessee, complying with the terms and conditions of the lease. The 30 years period of lease would initially expire on 16.02.2002. The lease would be extended till 16.02.2032 provided the plaintiff complied with all the terms and conditions of the lease.

(3.) The plaintiff would claim that it was extendable at the option of the plaintiff for a period of 30 years and again for a period of 30 years. The plaintiff exercised the first option. The lease would stand extended. There would be a further period of extension of a further 30 years under the Lease Deed. Hence the plaintiff would claim that the lease was in substance for 90 years and extendable at the option of the plaintiff twice. The plaintiff exercised the first option in 2002 and hence the plaintiff sued for declaration that the lease was for the term of 90 years and stood extended with effect from 16.02.2002 for the second term of 30 years on the terms and conditions contained in the Lease Deed. The plaintiff also sued for declaration that there was a valid, subsisting and binding agreement for renewal of the lease between the parties and further sued for specific performance of the obligations under the lease of renewing it and for executing necessary documents upon such renewal. The plaintiff further sued for an injunction restraining the defendant for interfering with the plaintiff's possession of the suit property and in the alternative for damages with which this Court is at present not concerned.