The first respondent approached him for taking on rent one of the residential blocks of Waghe Hall at St. Xavier Road, Parel Bombay, which was owned by the aforesaid Sangh.
Appeal by special leave from the judgment and order dated September 9, 1959, of the Bombay High Court in Criminal Appeal No 916, of 1959.
It accordingly dismissed the appeal.
The appellant was the President, Trustee and Secretary of the Tillori Kunbi Samajonnati Sangh hereinafter called the Sangh , Bombay, in 1958.
The appellant admits the receipt of this amount of Rs.3251/, for donation to the building fund.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
52 of 1960.
It is against this order that the appellant has filed this appeal.
The first respondent paid this amount in four installments, three of which were paid prior to May 1, 1958, and the fourth, of Rs.1,000/ on May 1, 1958, before his actually occupying the premises. ,
DAYAL, J. This appeal, by special leave, raises the question whether a sum of money paid ostensibly as,a donation by a person to the person acting on behalf of the landlord, which was a charitable trust, in respect of the grant of a lease of the premises, came within the expression fine premium or other like sum or deposit or any companysideration other than the standard rent in sub a. 1 of a. 18 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Bom.
March 27.
Gopalakrishnan, for the appellant.
R. Khanna and R, H. Dhebar, for the respondent No.
The Judgment of the Court was delivered by RAGHUBAR.
The Sangh was a public trust registered under the Bombay Public Trusts Act, 1950.
The appellant agreed to grant the lease of the premises at a monthly rental of Rs.85/ in favour of the first respondent on payment of Rs.3251/ as donation to the building fund of the said Sangh.
