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SANDEEP V. MARNE
Gorakh Rambhau Chothve – Appellant
Versus
Vilas Eknath Kadam – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Petitioners have filed this petition challenging the judgment and decree dated 31 January 1996 passed by the District Court, Nashik allowing Regular Civil Appeal No. 325 of 1989 and setting aside the judgment and decree dated 6 March 1987 passed by the Trial Court in Regular Civil Suit No. 76 of 1983. The Appellate Court has decreed Regular Civil Suit No. 76 of 1983 directing the Petitioners/Defendants to deliver possession of the suit premises to the Plaintiffs with further direction to pay arrears of rent of Rs.115.50/- and Rs.4.62/- towards education cess together with future damages at the rate of Rs.15.60/- per month from the date of suit till delivery of possession. Enquiry into damages under Order 20 Rule 20 is also directed.
2. A brief factual narration for deciding the issues involved in the petition would be necessary. Municipal House No. 24 bearing City Survey No. 529 in Ward 3 of Igatpuri, Taluka-Igatpuri, Dist. Nashik is owned by the Plaintiffs. Plaintiffs No. 1 and 2 are brothers. One room at the rear portion of the said house property are the ‘suit premises’. Defendant No. 1 was inducted as tenant in respect of the suit premises on mon
Valid service of notice is crucial for eviction under the Bombay Rent Act, and failure to pay rent after notice justifies eviction.
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.
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 tenant's failure to pay rent and timely file for standard rent fixation leads to eviction under the Bombay Rent Act, despite claims of payment to co-owners.
A tenant's failure to communicate rent deposits and respond to rent demands constitutes default, justifying eviction under the Bombay Rent Act.
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Eviction under rent control law is warranted where the tenant defaults on rent for over six months, negating hardship claims absent a bona-fide requirement.
A valid demand notice under Section 15(2) of the Maharashtra Rent Control Act is essential before eviction on grounds of rent default; failure to comply renders the suit non-maintainable.
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