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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 :
1. The petitioners herein are tenants. They have suffered a decree of eviction on the ground of non-payment of rent.
2. In paras 17 and 18 respectively of the impugned judgment, the High Court has observed thus:-
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.
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