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HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MADHAV J. JAMDAR
SUHAS B.MARATHE – Appellant
Versus
MAHADEO GANESH JOGLEKAR – Respondent
JUDGMENT :
[MADHAV J. JAMDAR, J.]
1. Heard Mr. Divekar, learned Counsel appearing for the Petitioner, Mr. M. L. Patil, learned Counsel appearing for the Respondents and Mr. Drupad Patil, learned Amicus Curiae.
QUESTION OF LAW:
2. In this Writ Petition an interesting question of law concerning the interpretation of Section 23 of the The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (“Bombay Rent Act”) is raised. It is the contention of the Petitioner – Landlord that if the tenantable repairs are carried out to the suit premises by the tenant then in one year only one-fourth of the aggregate of yearly rent can be deducted or recovered and therefore the Suit filed for recovery of the entire amount required for repairs is not maintainable. On the other hand, it is the contention of the Respondent - Tenant that as the tenant was constrained to carry out the repairs, as landlord refused or neglected to carry out the same, which is the statutory responsibility of the landlord, the entire amount incurred by the tenant for repairs be allowed to be recovered.
CHALLENGE:
3. By the present Writ Petition preferred under Article 227 of the Constitution of India, the challenge is to the
The tenant's right to recover repair costs is limited to one-fourth of the yearly rent as per Section 23 of the Bombay Rent Act, despite the landlord's neglect.
The main legal point established in the judgment is that the DRC Act did not empower the Rent Controller to grant the prayers in the suit, making the suit maintainable before the Civil Judge.
Rejection of plaint – Civil suit cannot be maintained by overriding statutory embargo.
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
Municipal tax is distinct from rent in tenancy agreements unless explicitly included; failure to pay municipal tax does not constitute default in rent payments if rent obligations are met.
The amendment to Section 11(4) of the Rent Act applies retrospectively to pending suits, protecting landlords against unjust withholding of rent.
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.
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