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        1961 (9) TMI 88 - SC - Indian Laws

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        Open land leased for building purposes falls within rent-control premises, removing City Civil Court jurisdiction under the Act. Open land leased for construction of residential or business buildings falls within the expression 'premises let for residence' or 'premises let for ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Open land leased for building purposes falls within rent-control premises, removing City Civil Court jurisdiction under the Act.

                              Open land leased for construction of residential or business buildings falls within the expression "premises let for residence" or "premises let for business" under section 6(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, because the statutory definition of "premises" includes open land not used for agriculture and the language is wide enough to cover land let for those objects. The Court read the provision in its ordinary commercial sense and in light of the legislative object of including open land within the Act, and rejected the argument that section 15 cut down that meaning. The City Civil Court therefore lacked jurisdiction, and the plaints were rightly returned for presentation to the proper court.




                              Issues: Whether open land leased for the purpose of constructing buildings to be used for residence or business is premises "let for residence" or "let for business" within section 6(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, so as to attract the special jurisdictional regime under the Act.

                              Analysis: The definition of "premises" in section 5(8) includes open land not used for agricultural purposes, and section 6(1) applies Part II to premises let for residence, education, business, trade or storage. The expression is wide enough to cover land let for achieving those objects whether the purpose is to be fulfilled on the land as such or after construction of buildings. The words are to be understood according to their ordinary commercial sense and the legislative object of including open land within the Act. Section 15 did not require cutting down that meaning.

                              Conclusion: Open land leased for construction of residential or business buildings is "premises let for residence" or "premises let for business" within section 6(1), and the City Civil Court had no jurisdiction to try the suits.

                              Final Conclusion: The appeals failed and the orders returning the plaints for presentation to the proper court were upheld.

                              Ratio Decidendi: Where a statute includes open land within "premises" and applies rent-control protection to premises let for residence or business, a lease of open land for construction of buildings to be used for those purposes falls within that expression.


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