IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY AHUJA, J.
Golden Legend Leasing and Finance Ltd. and Another – Petitioners
Versus
Dilip Manohar Amladi and Others – Respondents
Writ Petition No. 15477 of 2022, Interim Application No. 4733 of 2023
Decided On : 05-07-2023
| Table of Content |
|---|
| 1. petition challenges eviction under rent control act. (Para 1 , 2 , 3) |
| 2. respondents claim arrears and eviction due to non-payment. (Para 4 , 5 , 6 , 7) |
| 3. petitioners filed defenses based on jurisdiction arguments. (Para 8 , 9 , 10) |
| 4. arguments on applicability of rent control act standards. (Para 11 , 12 , 13 , 14 , 15) |
| 5. distinction between licenses and rentals emphasized. (Para 16 , 17 , 18 , 19) |
| 6. court insights on rental jurisdiction challenges. (Para 20 , 21 , 22 , 23) |
| 7. court ruling on non-applicability of act determines outcome. (Para 24 , 25 , 26) |
| 8. past decisions guide current rent jurisdiction. (Para 27 , 28 , 29) |
| 9. supreme court rulings are critical to interpretation. (Para 30 , 31 , 32 , 33) |
| 10. petition is granted, allowing withdrawal of deposit. (Para 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
ABHAY AHUJA, J.
1. This Petition filed under Article 227 of the Constitution of India challenges the order dated 23rd December 2021 passed by the Additional Commissioner, Konkan Division, Mumbai, in Appeal/Desk/ MRCA /Rev/531/2021 dismissing the Revision Application filed by the Petitioners against the order dated 20th October 2021 of the Competent Authority under the Maharashtra Rent Control Act, 1999, (the “Rent Control Act”) confirming the said order directing eviction of the Petitioners from Flat No. 16, admeasuring approximately 1200 sq.feet built up area on the 6th floor (the “said flat/premises”) of the Galaxy Apartment Co-operative Housing Society Limited, in the building known as Galaxy, standing upon land situate at 111, B.J.Road, Bandra (West), 400 050.
2. The brief facts are that in or about 21st January 2019, the Petitioner no. 1 and the Respondents entered into a Leave and License Agreement registered with the Joint Sub Registrar, Mumbai Sub Division, Bandra, pursuant to which the Respondents granted to Petitioner no. 1 license to use the said premises for a period of 36 months viz. from 22nd January 2019 to 21st January, 2022 and the Petitioner no. 1, as a licensee, would pay monthly license fees /compensation of Rs.2,25,000/- for the first twelve months i.e. from 22nd January 2019 up to 21st January 2020 and thereafter Rs.2,36,250/- for the next twelve months i.e. from 22nd January 2020 to 21st January 2021 and further Rs.2,48,000/- during the last twelve months of the licensed period i.e. from 22nd January 2021 upto 21st January 2022. The Respondent no. 1 was to make payment of license fees in advance during the license period so as to reach the Respondents-landlord / licensor no later than two days from the commencement of each and every quarterly period during the license period, subject to deduction of TDS, in accordance with the applicable provisions of the Income Tax Act 1961. The Respondent no. 1 also deposited interest free security deposit of Rs.6,75,000/- as per the said agreement to be refunded after deducting lawful dues post receiving possession of the said flat/premises as per the terms of the agreement.
3. As per the agreement, the Respondents were entitled to terminate the said agreement in any of the circumstances where the Petitioner no. 1 had committed breach of default of the terms and provisions of the said agreement and / or if any licensee fees or other amounts / charges payable by the Petitioner no. 1 under the said agreement were in arrears and remained unpaid for a period of seven days after the same had become due and payable and in which case the Respondents would be entitled to terminate the said agreement by giving the Petitioners notice in writing specifying breach of default and calling upon the Petitioners to remedy or make good the same. If the Petitioners failed or neglected to remedy to make good the breach of default within a period of fifteen days from the date of such written notice, then the said agreement would stand terminated and cancelled upon the expiry of such notice period of fifteen days.
4. It is the case of the Respondents that the Petitioners were irregu
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The Estate Officer has jurisdiction to entertain eviction petitions from local authorities against original lessees, despite claims of protection under rent control laws.
A Cooperative Society is not a Corporation established by or under a Central or State Act, thus it is subject to the provisions of the Maharashtra Rent Control Act.
The court reaffirmed that exemptions under the Rent Control Act apply to the premises, not the parties, thus legitimizing decrees against unlawful sub-tenants, including corporations.
Judicial admissions by a party regarding tenancy are binding and do not require further proof, establishing the landlord-tenant relationship despite statutory protections.
A classification between residential and commercial buildings in a rent control law is arbitrary and violative of Article 14 of the Constitution of India if there is no nexus between the classificati....
Important Point : The jurisdiction of the Competent Authority under the Maharashtra Rent Control Act is contingent on the license being granted for residential purposes; commercial licenses require l....
The Rent Act does not protect tenants of public premises once the Public Premises Act applies, affirming eviction rights under the latter.
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