1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.321 OF 2009 M/s.Hindustan Breweries & Bottling Limited ..Applicants V/s Smt.Geeta Arun Guha & Anr. ..Respondents ---- Mr.Shekhar Bhise for the applicants. Mr. H.S.Shreepadmurthy i/by A.A.Jain for the respondents. ---- Coram : R.S.MOHITE,J Date : 15th September, 2009. PC 1 This is an application filed by the original defendant-tenant. The plaintiff-landlord has filed a suit for eviction in the court of Small Causes after giving a termination notice. It was the case of the plaintiff-landlord that the defendant-tenant did not have any protection of the Maharashtra Rent Control Act as it had a share capital exceeding Rs.1 crore. The trial Court dismissed the suit on the ground that the tenancy is not properly terminated. The appeal Court had allowed the appeal filed by the original landlord and decreed the plaintiff’s suit. It is sought to be contended that the tenancy was not terminated for any proper reason such as bonafide user. This is not a requirement of section 106 of Transfer of Property Act. Once a tenant-landlord relationship is accepted and there is a notice of termination given by the landlord then a defence under the Rent Act is not available to an exempted tenant. There is no error of jurisdiction in the order passed by the appellate 2 Court. Hence, Civil Revision Application is rejected. At this stage, Advocate for the applicant seeks time to vacate. In the circumstances, subject to the authorised officer of the applicant/company filing an undertaking that they will not create any third party rights or part with possession of the premises or any part thereof, decree will not be executed for a period of eight weeks from today. (R.S.MOHITE,J) 3