SANDEEP V. MARNE
Sakhubai Baburao Kadam since deceased through her legal heirs- Shri. Shivaji Baburao Kadam – Appellant
Versus
Sudhakar Sambhaji Kadam (Deceased) (No legal heirs) – Respondent
JUDGMENT :
(Sandeep V. Marne, J.) :
1) This Petition is filed challenging the judgment and decree dated 20 January 1996 passed by the 9th Additional District Judge, Pune allowing Civil Appeal No.550/1992 and setting aside the decree dated 1 October 1992 passed by the Third Additional Judge, Small Causes Court, Pune in Civil Suit No. 613 of 1985. The Appellate Court has decreed Civil Suit No. 613 of 1985 and has held that the Plaintiff-Respondent is entitled to recover possession of the suit premises directing the Petitioner-Defendant to handover possession thereof to the Plaintiff within a period of 6 months.
2) Two rooms on ground floor of the house property bearing City Survey No. 302, Shukravar Peth, Pune are the ‘suit premises’. Plaintiffs are landlords of house property bearing No.302 and Defendant was inducted as monthly tenant in respect of the suit premises. It was averred in the Plaint that Defendant was not paying the rent from time to time and was in arrears since 01 August 1971. That the standard rent in respect of the premises were fixed at Rs. 8.60/- and after 1 April 1981, there was increase in water charges, sewerage charges etc. and the rent became Rs.9.40/-. Plainti
A tenant's failure to communicate rent deposits and respond to rent demands constitutes default, justifying eviction under the Bombay Rent Act.
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 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 main legal point established in the judgment is the mandatory nature of the provisions of Section 12(3) of the Rent Act, requiring the tenant to deposit the whole rent and comply with the timing ....
A tenant must deposit all arrears of rent, including time-barred amounts, to claim protection from eviction under Section 15(3) of the Maharashtra Rent Control Act.
Tenant must comply with statutory deposit requirements under Section 12(3) of the Bombay Rent Act, including interest and costs, to avoid eviction.
Strict compliance with statutory provisions for rent deposits is mandatory; failure to comply invalidates the deposit and can lead to eviction.
The judgment emphasized the mandatory nature of the provisions of the Rent Control Act and the requirement for the tenant to offer rent to the landlord before depositing it in Court.
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.
Valid service of notice is crucial for eviction under the Bombay Rent Act, and failure to pay rent after notice justifies eviction.
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