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IN THE HIGH COURT OF BOMBAY
S.G.Mehare, J.
Rajendra Bansilal Chaudhari - Appellant
Versus
Lilakant Madku Chaudhari - Respondent
Civil Revision Application No. 201 of 2016
Decided On : 03-11-2023
RENT CONTROL - EVICTION OF TENANT - Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Sections 5(11)(C), 28) - The court analyzed the provisions of the Bombay Rents Act, particularly focusing on the inheritance of tenancy rights upon the death of a tenant. It emphasized that the landlord-tenant relationship must exist at the time of filing a suit for eviction, and that only family members as defined by the Act are entitled to inherit tenancy rights. The court concluded that the respondents did not qualify as tenants under the Act, as they failed to prove their usage of the premises for business with the deceased tenant, leading to the restoration of the trial court's decree for eviction.
Fact of the Case:
The landlords sought eviction of the respondents from a hotel premises previously rented to a tenant, Sukhalal, who had died. The landlords claimed that the premises had been unused since 1994 and that the respondents, who were the tenant's relatives, were trespassers without tenancy rights. The respondents contended that they inherited the tenancy through the tenant's mother, who had died during the proceedings.
Finding of the Court:
The court found that the respondents did not establish their claim to tenancy rights under the Bombay Rents Act. It held that the trial court was correct in recognizing the landlords' right to evict the respondents, as the respondents failed to prove their usage of the premises for business with the deceased tenant.
Issues: 1. Whether the suit was maintainable before the Rent Court? 2. Whether the respondents had inherited tenancy rights under the Bombay Rents Act?
Ratio Decidendi: The court determined that the Rent Court had jurisdiction under the Act only if the landlord-tenant relationship existed at the time of the suit. It ruled that the respondents did not qualify as tenants or successors under the Act, as they failed to demonstrate their use of the premises for business with the deceased tenant.
Final Decision: The court allowed the landlords' civil revision application, quashed the first appellate court's judgment, restored the trial court's decree for eviction, and ordered the respondents to vacate the premises within four months.
JUDGMENT/ORDER
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. The landlords have impugned the judgment and decree of the learned First Appellate Court, passed in Civil Appeal No.24 of 2007, dtd. 15/6/2016.
3. The facts giving rise to the dispute were that the suit premises was used to run a hotel. The landlord purchased the suit premises (20x20) ft with tenant Sukhalal (for short, the tenant). He had been the tenant since 1975. The tenant was unmarried. The respondent nos.1 to 3 are the sons of three sisters of the tenant, and the deceased respondent No. 4 was his mother. It was a specific case of the landlords that after purchasing the suit premises, they and the earlier landlord met the tenant and told him that the plaintiffs had purchased the suit premises. The suit premises was kept unused from 1994. The tenant was of their caste, his physical condition was deteriorating, and he was living there alone. Hence, the landlord did not ask him to vacate the suit premises. In his last days, he was staying alone in the suit premises. After his death, respondent nos. 1 to 3 started cleaning the suit premises and had held the possession.
4. The landlords filed a suit against them and the mother of the tenant for eviction for their bona fide need and nonuser by the tenant. The respondent no.4 (dead), though the mother of the tenant, did not acquire the tenancy rights. After the death of the tenant, the tenancy was automatically ceased. Respondents nos. 1 to 3 were the trespassers.
5. The respondents appeared through counsel. However, the record reveals that only respondent nos. 2 and 4 contested the suit. Their main defence was that respondent No. 4 was the mother of the tenant, and respondent no.2 was running the hotel with the tenant. Hence, they inherited the tenancy. The landlords denied the landlord- tenant relationship. Therefore, the Rent Court had no jurisdiction to try the suit.
6. During the pendency of the suit, respondent no.4, the mother of the tenant, died. However, her legal heirs were not brought. The suit against her was abated, but respondent No. 2 stuck up to his defence that since he was running the hotel with the tenant, he acquired the tenancy. He has protection under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("Act of 1947", for short).
7. The learned Trial Court, appreciating the evidence, held respondent No.2, a statutory tenant, as the tenant's successor and decreed the suit. The respondents had preferred the appeal before the District Judge ("the First appellate Court", for short). The first appellate Court held that the plaintiffs, though, joined respondents as a party to the suit, the suit essentially was filed against the mother of the tenant. Hence, the suit was maintainable. The first appellate Court further held that the suit abated as the legal heirs of respondent no.4, who were statutory tenant, were not brought and allowed the appeal.
8. The landlords, against the judgment of the first appellate Court, approached this Court in a Revision. This Court concurred with the judgment of the first Appellate Court. The landlords went in appeal before the Hon'ble Supreme Court. The Hon'ble Supreme Court remitted the case back to the learned first appellate Court.
9. The learned First Appellate Court, after the remand, had framed the following two points for determination;
(ii) Whether the judgment and decree passed by the trial Court needs interference?
10. The learned first appellate Court held that the plaintiffs were not considering any defendants as their tenants. The learned first Appellate Court, relying on the ratio laid in the case of Laxmidas Morarji (D) By Lrs v Miss Bhorse Darab Madan 2009 SAR (Civil) 1030, held that it would have to be held that the trial Court was not justified in entertaining the suit under Bombay Rent Act. The ratio laid down in the case Babulal Bhuramal and Ano
The court established that only family members as defined by the Bombay Rents Act can inherit tenancy rights, and that the landlord-tenant relationship must exist at the time of filing for eviction.
(1) Landlord-tenant relationship does not cease merely on death of tenant.(2) Ratio decidendi – One additional or different fact can make a world of difference between conclusions in two cases, even ....
Domestic servants or strangers without blood/marriage ties to tenant cannot succeed to tenancy under rent laws post-death; emotional bonds/will invalid; trespassers; Civil Court lacks tenancy jurisdi....
A person claiming tenancy rights under Section 5(11)(c) of the Bombay Rent Act must prove substantial residence with the tenant as a family member, which the applicant failed to establish.
Successors of statutory tenants under the Rent Act do not inherit liability but continue under existing obligations, ensuring landlords retain their rights for eviction despite tenant succession.
Important Point : A person claiming tenancy rights under Section 5(11)(c) must demonstrate both a close familial relationship and substantial cohabitation with the original tenant.
The heritable rights of the statutory tenant are governed by the provisions of Section 2(l) of the Delhi Rent Control Act, and the rights in the tenanted property can only flow in favor of heirs as p....
Tenancy rights under the Maharashtra Rent Control Act are inherited by legal heirs post-death of the tenant, necessitating court validation for possession claims.
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