2002 (8) TMI 579

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....nbsp; S.N. Soparkar for the Petitioner. R.M. Desai and D.S. Vasavada for the Respondent. JUDGMENT 1. The applicant was a tenant of Aryodaya Ginning & Mfg. Co. Ltd. (in liquidation) and has prayed that the Official Liquidator be directed to accept a cheque for Rs. 8,100 towards rent for the period commencing from 1-7-1987 till 31-12-2000 and the Official Liquidator should continue to recei....

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.... between the applicant and the company in liquidation as tenant and landlord still subsists and the applicant has a right as a tenant and, therefore, the Official Liquidator is bound to accept the rent because the applicant is a tenant. She has referred to some portion of the judgment delivered by the Hon'ble Supreme Court in the case of Vannattankandy Ibrayi v. Kunhabdulla Hajee [2001] 1 SCC 564 ....

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....t was a tenant of the company in liquidation in the past. 6. The question to be decided is whether the Official Liquidator can be directed to accept the amount of rent though the applicant is not residing at the place since 1992 and the premises which was occupied by the applicant has been completely demolished. 7. Looking to the law paid down by the Hon'ble Supreme Court in the case of Vann....

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....ara 20 of the said judgment that in a case where the tenanted premise is destroyed completely and where the land has not been given on lease and the relations are governed under the provisions of the State Rent Act, the lessee shall not have any right to continue as a tenant. 8. Looking to the above position, in my opinion, the Official Liquidator cannot be directed to accept the rent because t....