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SANDEEP V. MARNE
Britannia Industries Ltd. – Appellant
Versus
Maya Sunil Alagh – Respondent
JUDGMENT :
(SANDEEP V. MARNE, J.)
A. INTRODUCTION
1) India’s biscuit giant Britania(Britannia Industries Ltd., Revision Applicant in both Revision Petitions), is piqued by fixation of standard rent of a swanky apartment in IL Pallazo building located at upmarket area of Malabar Hill in Mumbai City at Rs. 805, when, according to Britania, the apartment can easily fetch monthly market rent of at least Rs. 6,00,000/-. Britania is engaged in a fierce battle over fixation of rent with its tenant Maya Alagh(Maya Sunil Alagh, Respondent in both Revision Applications), a television and film actress and wife of Britania’s former Managing Director. Britania propounds a case, which possibly has not been put forth by any landlord in State of Maharashtra yet, that standard rent cannot be fixed by a Court in respect of premises let after 1 October 1987 and that therefore Britania is justified in demanding market rent in respect of the flat let to its tenant.
2) Whether standard rent can be fixed under the provisions of Maharashtra Rent Control Act, 1999 in respect of premises let after 1st October 1987 is the issue that this Court is tasked upon to decide in these two Revision Applications. It is R
The Maharashtra Rent Control Act does not allow fixation of standard rent for premises let after October 1, 1987; hence disputes in these instances are adjudicated based on Section 8's provisions all....
The court reaffirmed that a landlord's contractual rent rate is valid unless proven excessive, emphasizing the ineffectiveness of arbitrary rent reductions in commercial leases under the Bombay Rent ....
The court upheld that standard rent, defined by agreed terms, must guide rateable value assessments and cannot exceed set limits until judicial review occurs.
The power to direct the tenant to deposit or pay rent can be exercised only in a suit for recovery of rent between the landlord and the tenant.
While making fixation rent of a building procedure prescribed has to be followed.
The court established that once eviction proceedings are dismissed, landlords can claim contractual rents despite interim rates being set.
when a suit is filed for eviction of a tenant for being a defaulter in payment of rent, can the tenant thereafter file an application for fixation of rent.
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