- (1.) This appeal has been preferred against the judgment and order dated 3.8.2009 in Civil Revision Application No. 564 of 2008 passed by the High Court of Judicature at Bombay affirming the judgment and order of the Small Causes Appellate Court dated 14.8.2008 in Appeal No. 627 of 2006 by which the appellate court has affirmed the judgment and decree dated 5.8.2006 in TE & R Suit No. 311/326/2001 passed by the Court of Small Causes at Bombay.
(2.) FACTS: A. The suit premises belongs to the trust run by the respondents - Nareshkumar Badrikumar Jagad & Ors. Sh. Damodar Dass Tapi Dass and Sh. Daya Bhai Tapidas executed a lease deed dated 11.3.1893 in respect of the suit premises admeasuring 12118 sq. yds. bearing plot no. 9 in Survey No. 73 of Lower Parel Division, N.M. Joshi Marg, Chinchpokli, Mumbai-400 011, in favour of a company named Hope Mills Limited for a period of 99 years commencing from 22.10.1891. The lease so executed was to expire on 21.10.1990. B. The original owners transferred and conveyed the suit property in favour of one Harichand Roopchand and Ratan Bai on 22.2.1907. Thereafter, the suit property came to be vested in and owned by a public charitable trust, namely, Harichand Roopchand Charity Trust (hereinafter called as 'Trust'). C. The leasehold rights in respect of suit property stood transferred to Prospect Mills Ltd. and, thereafter to Diamond Spinning & Weaving Co. Pvt. Ltd. and, ultimately, vide a lease indenture dated 25.10. 1926 to Toyo Poddar Cotton Mills Ltd. (hereinafter called the 'Poddar Mills'). D. The Textile Undertakings (Taking over of Management) Act, 1983 (hereinafter called 'the Act 1983') was enacted by the Parliament in order to take over the management of 13 textile undertakings including the Poddar Mills pending their nationalisation. The lease granted in favour of Poddar Mills expired by efflux of time on 22.10.1990. Thus, the said Poddar Mills continued as a tenant by holding over the suit premises. The Trust issued a legal notice dated 2.12.1994 to the National Textile Corporation (hereinafter called as the appellant), terminating its tenancy qua the suit premises. The Parliament enacted the Textile Undertakings (Nationalisation) Act, 1995 (hereinafter called 'the Act 1995'). The Trust filed an eviction suit against the appellant under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter called 'the Act 1947'). The Act 1947 stood repealed by the Maharashtra Rent Control Act, 1999 (hereinafter called 'the Act 1999'). The respondent- Trust issued a notice for terminating the tenancy of the appellant vide notice dated 26.9.2000. The respondents/plaintiffs after withdrawal of the suit filed under the Act 1947, filed a fresh suit in the Small Causes Court at Bombay seeking eviction of appellant and for a decree of mesne profits on 20.4.2001. The appellant filed the written statement denying the pleas taken by the respondents/plaintiffs. The suit was decreed in favour of the respondents/plaintiffs vide judgment and decree dated 5.8.2006 by which the appellant was directed to hand over vacant and peaceful possession of the suit premises to the respondents within four months. E. Being aggrieved, the appellant preferred Appeal No. 627 of 2006 to the Division Bench of the Small Causes Court at Bombay on 13.11.2006 which was dismissed by the appellate court by affirming the judgment and decree of the trial court vide judgment and decree dated 14.8.2008. The appellant preferred civil revision before the High Court of Bombay, which has been dismissed vide impugned judgment and order dated 3.8.2009. Hence, this appeal.
(3.) Shri Prag P. Tripathi, learned Additional Solicitor General, appearing for the appellant has submitted that the judgments and decrees of the courts below have to be set aside as none of the courts below has taken into consideration the effect of the provisions of the Act 1995 by virtue of which the textile undertaking stood absolutely vested in the Central Government and further vested in the appellant. As on the expiry of the lease of 99 years on 22.10.1990, the Act 1947 was in force, the then tenant, Poddar Mills became the statutory tenant. Such tenancy rights stood vested absolutely in the Central Government on commencement of the Act 1995 by operation of law. The appellant stepped in the shoes of the Central Government merely as an agent, thus, the Central Government remained the tenant. The Central Government continued to be a tenant in the suit premises and thus, would be protected in terms of Section 3(1) (a) of the Act 1999 being premises let out to the Government. The courts below failed to consider this vital legal issue. The suit filed by the respondents was not maintainable. The judgments and decrees of the courts below are liable to be set aside.;