9911796707
TMI Blog1999 (10) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... Act could be passed. - S.L.P. (C) NO. 14657 OF 1999 - - - Dated:- 12-10-1999 - B. N. KIRPAL AND N. SANTOSH HEGDE, JJ. JUDGMENT 1. The respondent had filed a suit against the petitioner herein for eviction of the premises which had been let by the respondents to the petitioner. During the pendency of the suit, an application under section 11(4) of the Bombay Rent Act, 1947, was filed. In this application, it was stated that the petitioner herein had not been paying the rent and, therefore, appropriate orders as contemplated by the said sub-section should be passed. 2. In the reply which was filed to the said application, it was, inter alia, contended that the petitioner-company had become sick and a reference had been m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vided by section 106 of the Transfer of the Property Act, 1882 before a suit for recovery of possession on the ground of non-payment of rent can be filed. This is an objection to the maintainability of the suit which will have to be decided when the court takes up for consideration the question as to whether the order for eviction should be passed or not. Notwithstanding this objection having been taken, an application under section 11(4) can be filed. The said sub-section reads as follows : "11. Court may fix standard rent and permit increase in certain cases. . . . (4) Where at any stage of a suit for recovery of rent, whether with or without a claim for possession of the premises, the court is satisfied that the tenant is withholding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on that a notice under section 12(2) had not been issued had not arisen before the trial court. It is presumably for this reason that in none of the orders passed by the courts below there is any direct reference to any contention raised on the basis of section 12(2). 7. It was submitted by Shri Ranjit Kumar that section 22 of the Act after its amendment in 1994, does not permit the filing of any suit for the recovery of money. He submitted that the application which was filed for eviction by the landlord was to the effect that there were arrears of rent which had not been paid and, therefore, the court should order payment of rent and at the same time order eviction of the tenant on account of non-payment of arrears. 8. For the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supra ) had occasion to consider the question as to whether an application for eviction under the Rent Control Act was maintainable notwithstanding the provisions of section 22. It was held that on the termination of the contractual tenancy, the Karnataka Rent Control Act, with which the court was concerned in that case, gave protection to a statutory tenant to continue to occupy the premises but the said right could not be regarded as property of the company for the purpose of sub-section (1) of section 22. The court held that the provisions of section 22(1) were not applicable to the eviction proceedings instituted by the landlord against the sick company. It appears to us that the aforesaid principle would be clearly applicable in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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