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J. B. PARDIWALA, R. MAHADEVAN
Sagar Gorakh Chothve – Appellant
Versus
Vilas Eknath Kadam – Respondent
| Table of Content |
|---|
| 1. eviction due to non-payment of rent. (Para 1) |
| 2. conditions for eviction under section 12 of the act. (Para 2) |
| 3. time granted to vacate after judgment. (Para 3 , 4) |
| 4. permitted increase includes education cess. (Para 5) |
| 5. high court's decision is upheld. (Para 6 , 7 , 8) |
| 6. pending applications are resolved. (Para 9) |
ORDER :
2. In paras 17 and 18 respectively of the impugned judgment, the High Court has observed thus:-
3. The High Court has dismissed the petition filed by the petitioners herein thereby affirming the judgment and decree passed by the courts below.
5. As rightly observed by the High Court, the issue is squarely covered by the decision of this Court in the case of Raju Kakara Shetty v. Ramesh Prataprao Shirole and Another reported in (1991) 1 SCC 570, wherein this Court has observed as under:
6. Having heard the learned counsel appearing for the petitioners and having gone through the materials on record, we are of the view that no error not to speak of any error of law could be said to have been committed by the High Court in passing the impugned order.
8. The petition is dismissed accordingly.
Valid service of notice is crucial for eviction under the Bombay Rent Act, and failure to pay rent after notice justifies eviction.
The court held that the presence of monthly rent obligations under the Bombay Rent Act justified eviction against tenants failing to pay within specified timelines.
The main legal point established in the judgment is the mandatory nature of the provisions of Section 12(3) of the Rent Act, requiring the tenant to deposit the whole rent and comply with the timing ....
A tenant in default for over six months without disputing the rent is subject to eviction under Section 12(3)(a) of the Bombay Rent Act.
Municipal tax is distinct from rent in tenancy agreements unless explicitly included; failure to pay municipal tax does not constitute default in rent payments if rent obligations are met.
A tenant must deposit all arrears of rent, including time-barred amounts, to claim protection from eviction under Section 15(3) of the Maharashtra Rent Control Act.
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