NILESH NANDKUMAR SHAH Vs. SIKANDAR AZIZ PATEL
SUPREME COURT OF INDIA
NILESH NANDKUMAR SHAH
SIKANDAR AZIZ PATEL
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R. C. Lahoti, J. -
(1.)There is a property consisting of three tenements belonging to the respondent-landlord situated over revenue survey No. 591/1 in village Koregaon of district Satara, Maharashtra. The three units are situated by the side of main road. Each unit consists of two rooms of equal size interconnected by a door. The room abutting on the road is used for commercial purpose while the room situated behind is used for residential purpose. The three tenants are respectively a tailor, a vaidu (medical practitioner dealing mostly in herbs and indigenous medicines) and a petty restaurant. The lease agreements entered into between the three tenants respectively and the landlord specifically provide for one room being used for residence and the other one being used for commercial purpose.
(2.)The landlord-appellant initiated proceedings for eviction and recovery of arrears of rent against the three tenant-respondents. Admittedly, any ground for eviction under the Rent Control law is not available to the landlord. The landlord proceeded on an assumption that the purpose of letting being dual, i.e. residential and non-residential both, the applicability of the Rent Control Law was not attracted, and therefore, the eviction was sought for under the general law working out rights and obligations of the parties under the provisions of the Transfer of Property Act. The trial Court held that the provisions of Bombay Rents, Hotel and Lodging, House Rates Control Act, 1947 (hereinafter, 'Bombay Act', for short) were applicable and therefore directed the suits to be dismissed. The appeals filed by the landlord were allowed by the appellate Court by a common judgment holding Bombay Act inapplicable. Second appeals preferred by the three tenants have been allowed by the High Court which has set aside the judgment of the appellate Court and restored those passed by the trial Court. Feeling aggrieved, the landlord has preferred these three appeals by special leave.
(3.)Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 came to be applied to Koregaon village where the tenements in suit are situated through the notification dated 18th October, 1960 which reads as under :
"No. BRA. 1860/33301-E.- In exercise of the powers conferred by sub-section (2) of Section 6 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947), the Government of Maharashtra hereby directs that in the area of the Koregaon Village in the Koregaon Taluka of the North Satara District, all the provisions of Part II of the said Act shall, on and from the date of this notification, apply to premises let for the purpose of residence."
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