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IN THE HIGH COURT OF BOMBAY
Sandeep V. Marne, J.
Shridhar K. Berde - Appellant
Versus
Ranjeetmal J. Oswal , Since Deceased Thr. L. Rs. Vasnatibai R. Oswal & Ors. - Respondents
Civil Revision Application No. 420 of 2023 with IA No. 6955 of 2024 in CRA/420 No. 2023
Decided On : 18-03-2024
RENT CONTROL - EVICTION - Maharashtra Rent Control Act, 1999 - Section 16(1)(g), Section 16(1)(i), Section 16(6) - The court analyzed the provisions of the Maharashtra Rent Control Act, particularly Section 16, which outlines the grounds for eviction. It distinguished between the landlord's bona fide need for occupation (Section 16(1)(g)) and the need for demolition and reconstruction (Section 16(1)(i)). The court emphasized that if a landlord seeks eviction for demolition, they must comply with the conditions set forth in Section 16(6), including providing equivalent carpet area to the tenant in the new building. The court found that the lower courts failed to recognize the true nature of the landlord's claim, leading to a flawed eviction order.
Fact of the Case:
The applicant, a tenant, challenged the eviction decree passed by the Trial Court and upheld by the Appellate Court, which was based on the landlord's claim of bona fide need for the premises. The landlord had purchased the property and sought eviction for the purpose of demolishing the existing structure and constructing a new building.
Finding of the Court:
The court found that the lower courts misapplied the provisions of the Maharashtra Rent Control Act by not recognizing that the landlord's claim was primarily for demolition and reconstruction, which required adherence to specific statutory conditions. The court noted that the landlord's pleadings and evidence clearly indicated a need for demolition, thus necessitating compliance with Section 16(6).
Issues: Whether the eviction suit was filed under the correct provision of the Maharashtra Rent Control Act, and whether the landlord complied with the statutory requirements for eviction based on demolition and reconstruction.
Ratio Decidendi: The court held that the nature of the suit should be determined by the pleadings and evidence presented, not merely by the title of the suit. It concluded that the landlord's claim was for demolition and reconstruction, thus invoking Section 16(1)(i) and requiring compliance with Section 16(6) regarding tenant rights to equivalent carpet area in the new building.
Final Decision: The court set aside the eviction orders of the lower courts, dismissed the landlord's suit, and allowed the landlord to seek eviction again only if they agreed to provide the tenant with equivalent carpet area in the new building upon execution of an agreement.
JUDGMENT
Sandeep V. Marne, J. - Applicant has filed this Revision Application challenging the decree dated 19 April 2023 passed by the Principal District Judge, Ratnagiri in Regular Civil Appeal No.19 of 2022 thereby dismissing the Petitioner's Appeal and confirming the decree dated 31 March 2022 passed by the Civil Judge, Junior Division, Ratnagiri in Regular Civil Suit No.290 of 2014. The Trial Court has decreed the suit filed by the Plaintiff-Landlord for eviction and has directed the Applicant to handover vacant and peaceful possession of the premises.
2. Briefly stated, facts of the case are that one Mr. Vinayak Purushottam Dali originally owned the entire Municipal House No.2481, in which Applicant and one Ranjitmal Shahuraj Oswal were monthly tenants. Applicant is monthly tenant in respect of Gala No.1 whereas said Ranjitmal Oswal was the tenant in respect of neighbouring Gala No.2. Mr. Ranjitmal Oswal purchased the entire property bearing Municipal House No.2481 from the owner Vinayak Dali vide registered sale-deed dated 27 May 2011 and thus become the landlord qua Applicant in respect of Gala No.1. As observed above, Plaintiff Ranjitmal Oswal was already possessing the neighboring Gala No.2 in capacity as tenant of original owner Vinayak Dali.
3. Soon after purchase of the entire property bearing Municipal House No.2481, Plaintiff-Ranjitmal Oswal filed RCS No.290 of 2014 before the Civil Judge, Senior Division against Applicant seeking recovery of possession of Gala No.1 in Municipal House No.2481 (suit premises) from the Applicant. Plaintiff pleaded his bonafide need in resepct of the suit premises. He also pleaded that he intended to redevelop the entire property bearing Municipal House No.2481 for the purpose of expansion of the business and for his son. The suit was resisted by Applicant by filing written statement. During pendency of the suit, original Plaintiff-Ranjitmal Oswal passed away and his legal heirs were brought on record. The Trial Court proceeded to decree the suit by Judgment and Order dated 31 March 2022, holding that the Plaintiff requires the suit premises for his bonafide need and that greater hardship would be caused to the Plaintiff by refusing the decree for eviction. The Trial Court therefore directed Applicant to deliver possession of the suit premises to the Plaintiff within 03 months.
4. Aggrieved by the decision of the Trial Court, Applicant preferred Regular Civil Appeal No.19 of 2022 in the Court of Principal District Judge, Ratnagari. During pendency of the Appeal, it appears that Applicant's possession was protected. The Appellate Court, after hearing both the sides, dismissed the Appeal filed by the Applicant by Judgment and Order dated 19 April 2023. Aggrieved by the decisions of the Trial Court and the Appellate Court, the Applicant has filed the present Civil Revision Application under provisions of Section 115 of the Code of Civil Procedure, 1908.
5. Mr. Suryawanshi, the learned counsel appearing for Applicant would submit that the Trial Court erred in the decreeing the suit against Plaintiff without appreciating the fact that the eviction of the Applicant was sought by Plaintiff on the ground of need for demolition and redevelopment of the entire structure. That therefore the suit was essentially filed under provisions of Section 16(1)(i) of the Maharashtra Rent Control Act, 1999 (Rent Act). That bonafide need pleaded under Section 16(1)(g) of the Rent Act was not the real reason why possession of the suit premises was sought. That Plaintiff specifically pleaded in paragraph No.5 of the plaint that possession of the suit premises were needed by him for the purpose of demolishing property bearing Municipal House No.2481 for redevelopment purpose. That under Section 16(6) of the Rent Act, demolition of old structure and construction of new structure by the landlord is subject to allotment of carpet area equivalent to the area of the premises in occupation of the tenant in the demolishe
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