SUHAS H. POPHALE Vs. ORIENTAL INSURANCE CO. LTD.
LAWS(SC)-2014-2-15
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
February 11,2014
Suhas H. Pophale
Appellant
VERSUS
ORIENTAL INSURANCE CO. LTD.
Respondents
Referred Judgements :-
JANARDHAN REDDY VS. STATE CRIMINAL MISC [REFERRED TO]MAHADEOLAL KANODIA VS. ADMINISTRATOR GENERAL OF WEST BENGAL [REFERRED TO]
RAJA MOHAMMAD AMIR AHMAD KHAN VS. MUNICIPAL BOARD OF SITAPUR [REFERRED TO]
AMIREDDI RAJA GOPALA RAO VS. AMIREDDI SITHARAMAMMA [REFERRED TO]
INDU BHUSHAN BOSE VS. RAMA SUNDARI DEBI [REFERRED TO]
JAISINGH JAIRAM TYAGI VS. MAMANGHAND RATILAL AGARWAL [REFERRED TO]
JAIN INK MANUFACTURING COMPANY VS. LIFE INSURANCE CORPORATION OF INDIA [REFERRED TO]
RASHTRIYA MILL MAZDOOR SANGH NAGPUR VS. MODEL MILLS NAGPUR [REFERRED TO]
CHANDAVARKAR SITA RATNA RAO VS. ASHALATA S GURAM [REFERRED TO]
ACCOUNTANT AND SECRETARIAL SERVICES PRIVATE LIMITED VS. UNION OF INDIA [REFERRED TO]
SAIYADA MOSSARRAT VS. HINDUSTAN STEEL LTD [REFERRED TO]
SUNDARJAS KANYALAL BHATIJA PRAHALAD HIRANAND ADVANI VS. COLLECTOR THANE MAHARASHTRA:COLLECTOR THANE MAHARASHTRA [REFERRED TO]
ASHOKA MARKETING LIMITED SAHU JAIN SERVICES LIMITED K B PARSAI BENNETT COLEMAN AND COMPANY LIMITED VS. PUNJAB NATIONAL BANK:PUNJAB NATIONAL BANK:UNION OF INDIA:LIFE INSURANCE CORPORATION OF INDIA [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SUN ENGINEERING WORKS PRIVATE LIMITED [REFERRED TO]
GAJRAJ SINGH VS. STATE TRANSPORT APPELLATE TRIBUNAL [REFERRED TO]
BHURI NATH SEWA COMMITTEE BARIDARAN BARIDARAN ASSOCIATION VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
PRADIP CHANDRA PATNAIK VS. PRAMOD CHANDRA PATNAIK [REFERRED TO]
STATE OF HARYANA VS. RANBIR ALIAS RANA [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. NUSLI NEVILLE WADIA [REFERRED TO]
BANATWALA AND COMPANY VS. LIC OF INDIA [REFERRED TO]
M. MOHAMMED VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
JAFERKHAN ALLARAKABHAI RADHANPURI VS. DHOLKA NAGAR PALIKA [LAWS(GJH)-2022-8-962] [REFERRED TO]BOARD OF TRUSTEES OF PORT OF KANDLA KANDLA PORT TRUST VS. WESTERN TRADING CO. [LAWS(GJH)-2023-2-1654] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. AJIT BHASKAR OKE [LAWS(BOM)-2023-6-208] [REFERRED TO]
INDOCIL SILICONS PVT. LTD VS. UNION OF INDIA [LAWS(KAR)-2022-5-25] [REFERRED TO]
COMMISSIONER OF CUSTOMS VS. CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL [LAWS(MAD)-2014-6-273] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ALEXANDER POTHEN AND ORS. [LAWS(BOM)-2015-9-51] [REFERRED TO]
MRS. RANI SEVAKRAM VS. THE ORIENTAL INSURANCE CO. LTD. [LAWS(BOM)-2017-2-202] [REFERRED TO]
SHAKUNTALA DEVI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2017-4-232] [REFERRED TO]
BOARD OF TRUSTEES FOR THE PORT OF KOLKATA VS. METAL BOX INDIA LIMITED [LAWS(CAL)-2021-9-31] [REFERRED TO]
GYAN MAHENDRA SWARUP VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(CAL)-2018-8-153] [REFERRED TO]
ASHOK KUMAR SHAW VS. KOLKATA MUNICIPAL CORPORATION [LAWS(CAL)-2019-12-88] [REFERRED TO]
WEST BENGAL POWER DEVELOPMENT CORPORATION LTD VS. DONGFANG ELECTRIC CORPORATION [LAWS(CAL)-2017-7-85] [REFERRED TO]
IN RE VS. LOTTE ENGINEERING & CONSTRUCTION INDIA PRIVATE LIMITED AND ORS [LAWS(NCLT)-2017-3-88] [REFERRED TO]
BHEL MIG EMPLOYEES VS. UNION OF INDIA [LAWS(TLNG)-2022-9-90] [REFERRED TO]
VIJAY KUMARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-10-96] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ATUL CHANDULAL DOSHI [LAWS(BOM)-2023-8-174] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LIMITED AND ORS. VS. BOARD OF TRUSTEES FOR THE PORT OF KOLKATA AND ORS. [LAWS(CAL)-2015-4-74] [REFERRED TO]
UNION OF INDIA VS. BANDRA GAS SERVICE [LAWS(BOM)-2018-3-39] [REFERRED TO]
BHEL MIG EMPLOYEES COOPERATIVE HOUSING SOCIETY LIMITED VS. UNION OF INDIA [LAWS(TLNG)-2022-9-39] [REFERRED TO]
BIPIN TIWARI AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-1-210] [REFERRED TO]
COMMISSIONER OF CUSTOMS VS. CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL [LAWS(MAD)-2014-9-350] [REFERRED TO]
SHYAMAL CHOWDHURY VS. ANDAMAN AND NICOBAR ADMINISTRATION AND OTHERS [LAWS(CAL)-2017-12-204] [REFERRED TO]
M.N DASTUR & CO. (PVT.) LTD VS. SRI DHRUVES CHANDRA CHAKRABORTY [LAWS(CAL)-2016-8-59] [REFERRED TO]
UNION OF INDIA VS. ARUN SALUZA [LAWS(ALL)-2015-2-163] [REFERRED TO]
SINGER INDIA LIMITED VS. LIFE INSURANCE CORP OF INDIA [LAWS(ALL)-2015-7-38] [REFERRED TO]
RAM BACHANI VS. ADDITIONAL DISTRICT JUDGE LUCKNOW [LAWS(ALL)-2023-8-67] [REFERRED TO]
THANGAMMAL AND ORS. VS. THE SECRETARY GOVERNMENT OF KARNATAKA RELIGIOUS & CHARITABLE ENDOWMENTS VIDHANA SOUDHA AND ORS. [LAWS(KAR)-2015-8-155] [REFERRED TO]
HARVINDER SINGH AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2015-6-52] [REFERRED TO]
SUNIL KUMAR VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2018-1-91] [REFERRED TO]
SH. LT. SADHU RAM THROUGH HIS WIFE VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2016-10-38] [REFERRED TO]
CAFE HORNBY & EXCEL STORES VS. THE LIFE INSURANCE CORPORATION OF INDIA [LAWS(BOM)-2015-4-277] [REFERRED TO]
SUDHA HARI POPHALE VS. THE ORIENTAL INSURANCE COMPANY LTD. [LAWS(BOM)-2015-1-31] [REFERRED TO]
UNION OF INDIA VS. M/S KRISHNA COAL COMPANY [LAWS(HPH)-2017-4-23] [REFERRED TO]
EIH LIMITED VS. BATA INDIA LIMITED [LAWS(CAL)-2015-7-39] [REFERRED TO]
B.C. SHAW VS. UNION OF INDIA [LAWS(CAL)-2014-9-27] [REFERRED TO]
CHONG HSIN WONG AND ORS. VS. LIFE INSURANCE CORPORATION OF INDIA AND ORS. [LAWS(CAL)-2015-12-95] [REFERRED TO]
AMAR NATH SETH VS. UNION OF INDIA & OTHERS [LAWS(UTN)-2019-1-12] [REFERRED TO]
NIHARIKA JAIN VS. UNION OF INDIA [LAWS(RAJ)-2019-7-352] [REFERRED TO]
BAND BOX PRIVATE LIMITED VS. ESTATE OFFICER, PUNJAB AND SIND BANK AND ANR. [LAWS(SC)-2014-2-117] [REFERRED TO]
UNION OF INDIA VS. GRAPHITE COAL CO [LAWS(HPH)-2017-4-92] [REFERRED TO]
IN RE VS. R S LIVEMEDIA PRIVATE LIMITED AND ORS [LAWS(NCLT)-2017-3-112] [REFERRED TO]
COMMISSIONER OF CUSTOMS VS. CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL [LAWS(MAD)-2014-7-291] [REFERRED]
COROMANDEL MINING & EXPORTS PVT. LTD. AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(APH)-2015-9-31] [REFERRED TO]
EASTERN ECONOMIST LTD. VS. UNION OF INDIA [LAWS(DLH)-2015-1-283] [REFERRED TO]
BABY SAHA VS. BANK OF INDIA [LAWS(CAL)-2019-8-81] [REFERRED TO]
METAL BOX INDIA LIMITED VS. BOARD OF TRUSTEES FOR THE SHYAMA PRASAD MUKHERJEE PORT [LAWS(CAL)-2021-9-93] [REFERRED TO]
NEW INDIA INSURANCE COMPANY LTD. VS. KLM ENGINEERING COMPANY LTD. [LAWS(BOM)-2024-5-30] [REFERRED TO]
BUDDHU MIYA (SINCE DECEASED)AND 9 OTHERS VS. ADDITIONAL DISTRICT AND SESSIONS JUDGE,COURT NO 5 AGRA AND ANOTHER [LAWS(ALL)-2018-7-25] [REFERRED TO]
M/S BAND BOX PRIVATE LIMITED VS. ESTATE OFFICER, PUNJAB & SIND BANK [LAWS(SC)-2014-2-80] [REFERRED TO]
STATE OF UTTARAKHAND VS. PRESCRIBED AUTHORITY EVICTION [LAWS(UTN)-2023-9-67] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. CHIRANJAN ADDY AND ORS [LAWS(CAL)-2017-4-125] [REFERRED TO]
DR.PREETI BHATT VS. CENTRAL BANK OF INDIA [LAWS(BOM)-2017-7-85] [REFERRED TO]
OBEROI REALTY LIMITED VS. MUNICIPAL CORPORATION OF GREATER [LAWS(BOM)-2018-12-160] [REFERRED TO]
BHARATKUMAR C JINWALA VS. STATE OF GUJARAT [LAWS(GJH)-2014-9-206] [REFERRED TO]
SHRI CHAND VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2016-10-58] [REFERRED TO]
DHANSUKHLAL BHAILALBHAI PATEL VS. SURAT MUNICIPAL CORPORATION [LAWS(GJH)-2019-7-26] [REFERRED TO]
PANDURANGA AVADHANI VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(KAR)-2023-5-507] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)This appeal by special leave raises the question as to whether the rights of an occupant/licensee/ tenant protected under a State Rent Control Act (Bombay Rent Act, 1947 and its successor the Maharashtra Rent Control Act, 1999, in the instant case), could be adversely affected by application of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ('Public Premises Act' for short) This question arises in the context of the eviction order dated 28.5.1993 passed by the respondent No. 2, Estate Officer of the first respondent, invoking the provisions of the Public Premises Act with respect to the premises occupied by the appellant since 20.12.1972. The eviction order has been upheld by the Bombay High Court in its impugned judgment dated 7.6.2010, rejecting the Writ Petition No.2473 of 1996 filed by the appellant herein.
The facts leading to this appeal are this wise:-
(3.)One Mr. Eric Voller was a tenant of the Indian Mercantile Insurance Company Ltd. (hereinafter referred to as the erstwhile Insurance Co.), the predecessor in title of the first respondent in respect of the premises being Flat No.3, Second Floor, Indian Mercantile Mansion (formerly known as Waterloo Mansion), Wodehouse Road, Opposite Regal Cinema, Colaba, Mumbai. This Mr. Voller executed a leave and licence agreement in respect of these premises on 20.12.1972 in favour of the appellant initially for a period of two years, and put him in exclusive possession thereof. Mr. Voller, thereafter migrated to Canada with his family. The appellant is a practicing physician. The erstwhile insurance company did not object to the appellant coming into exclusive possession of the said premises. In fact, it is the case of the appellant that when Mr. Voller sought the transfer of the tenancy to the appellant, the General Manager of the said insurance company, by his reply dated 16.1.1973, accepted the appellant as the tenant, though for residential purposes only. The said erstwhile insurance company, thereafter, started accepting the rent directly from the appellant. It is also the case of the appellant that on 14.3.1973, he wrote to the said General Manager seeking a permission for a change of user i.e. to use the premises for his clinic. It is also his case that on 18.4.1973, the General Manager wrote back to him that the erstwhile insurance company had no objection to the change of user, provided the Municipal Corporation of Greater Mumbai gave no objection.
(2.)This appeal by special leave raises the question as to whether the rights of an occupant/licensee/ tenant protected under a State Rent Control Act (Bombay Rent Act, 1947 and its successor the Maharashtra Rent Control Act, 1999, in the instant case), could be adversely affected by application of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ('Public Premises Act' for short) This question arises in the context of the eviction order dated 28.5.1993 passed by the respondent No. 2, Estate Officer of the first respondent, invoking the provisions of the Public Premises Act with respect to the premises occupied by the appellant since 20.12.1972. The eviction order has been upheld by the Bombay High Court in its impugned judgment dated 7.6.2010, rejecting the Writ Petition No.2473 of 1996 filed by the appellant herein.
The facts leading to this appeal are this wise:-
(3.)One Mr. Eric Voller was a tenant of the Indian Mercantile Insurance Company Ltd. (hereinafter referred to as the erstwhile Insurance Co.), the predecessor in title of the first respondent in respect of the premises being Flat No.3, Second Floor, Indian Mercantile Mansion (formerly known as Waterloo Mansion), Wodehouse Road, Opposite Regal Cinema, Colaba, Mumbai. This Mr. Voller executed a leave and licence agreement in respect of these premises on 20.12.1972 in favour of the appellant initially for a period of two years, and put him in exclusive possession thereof. Mr. Voller, thereafter migrated to Canada with his family. The appellant is a practicing physician. The erstwhile insurance company did not object to the appellant coming into exclusive possession of the said premises. In fact, it is the case of the appellant that when Mr. Voller sought the transfer of the tenancy to the appellant, the General Manager of the said insurance company, by his reply dated 16.1.1973, accepted the appellant as the tenant, though for residential purposes only. The said erstwhile insurance company, thereafter, started accepting the rent directly from the appellant. It is also the case of the appellant that on 14.3.1973, he wrote to the said General Manager seeking a permission for a change of user i.e. to use the premises for his clinic. It is also his case that on 18.4.1973, the General Manager wrote back to him that the erstwhile insurance company had no objection to the change of user, provided the Municipal Corporation of Greater Mumbai gave no objection.
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