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SANDEEP V. MARNE
Kashinath Ramchandra Kolwankar – Appellant
Versus
Sunanda Wd/o Ramakant Desai – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. The Applicant/original Defendant has invoked revisionary jurisdiction of this Court to set up a challenge to the judgment and decree dated 3 May 2019 passed by Appellate Bench of Small Causes Court, by which Appeal No. 245 of 2008 filed by Respondents/Plaintiffs has been allowed and judgment and decree dated 4 February 2018 passed by the learned Judge of the Small Causes Court in RAE & R Suit No. 46/83 of 1992 is set aside. The Appellant Bench has decreed RAE & R Suit No. 46/83 of 1992 directing the Applicant/Defendant to handover possession of the suit premises to the Respondents/Plaintiffs with further direction to pay Rs. 3,600/- towards arrears of rent alongwith 15% simple interest.
2. Brief facts, necessary for decision of the Civil Revision Application can be summarized as follows:
The court established that in eviction proceedings under the Bombay Rent Act, the landlord's title is irrelevant; only the landlord-tenant relationship needs to be proven.
The court established that a landlord-tenant relationship suffices for eviction under the Maharashtra Rent Control Act, regardless of ownership, emphasizing unlawful subletting and rent default as gr....
Point of law: “Any aggrieved party” the expression employed in Section 20(1), means a person feeling aggrieved by the ultimate decision, that is, the operative part of the order. A party to the proce....
The court upheld the eviction decree based on default in rent and unlawful subletting, emphasizing the necessity of compliance with rent control provisions.
A landlord must issue a valid demand notice under Section 15(2) of the Maharashtra Rent Control Act before initiating eviction proceedings; failure to do so renders the suit invalid.
A landlord seeking eviction for demolition and reconstruction under the Maharashtra Rent Control Act must comply with specific statutory requirements, including providing equivalent carpet area to th....
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