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2017 Supreme(Bom) 665

R.M.BORDE, R.V.GHUGE, SANGITRAO S.PATIL
Babulal – Appellant
Versus
Suresh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R.R. Mantri, Advocate
For the Respondents:P.R. Katneshwarkar, Advocate

ORDER

R.M. Borde, J.

1. The issue referred for consideration of the Full Bench is recorded below:

If the tenant complies the notice issued by the landlord demanding arrears of rent and pays the entire amount as demanded within the time stipulated under section 15(2) of the Maharashtra Rent Control Act, then whether the landlord can still file a suit for eviction on the ground of arrears of rent and whether the eviction can be ordered by invoking provisions of section 15(3) of the Maharashtra Rent Control Act?

2. The learned Single Judge of this Court noticing conflict of views on the issue by the two different Division Benches of this Court in the matter of Narhar Damodar Wani Vs. Narmadabai T. Nave, 1984 Mh.L.J. 313 and Chandiram Dariyanumal Ahuja Vs. Akola Zilla Shram Wahtuk Sahakari Sanstha, Akola, 2013 (1) All MR 177 has framed the question for consideration and, the papers were directed to be placed before the Honourable the Chief Justice in accordance with Rule 7 Chapter I of the Bombay High Court Appellate Side Rules, 1960. The Honourable the Chief Justice has directed placement of the matter before us for consideration, and decision on the issue.

3. The facts in the nutshell giv



























































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