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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Ashok Mohanshankar Vernekar – Appellant
Versus
Shantaram M.Bhat – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Petitioner-landlord has filed this petition challenging the judgment and order dated 18 March 1998 passed by the Appellate Bench of the Small Causes Court allowing the Revision Application No.33/1997 filed by the Respondent-tenant and setting aside the order dated 24 December 1996 passed by the Small Causes Court by which R.A.N. Application No. 691/SR of 1979 filed by the Respondent-tenant for fixation of standard rent in respect of the suit premises was rejected. The Revisional Court has fixed the standard rent of the suit premises at Rs.1000/- per month by reducing the same from contractual rent of Rs.2,000/- per month.
2. The Petitioner is an owner in respect of land bearing Plot No.4, admeasuring 3017 sq. yards, Revised Suburban Scheme No. III (Group-A) at Chembur, Mumbai (suit premises). By Deed of Lease dated 9 June 1962, Petitioner leased out in Respondent’s favour the suit premises by accepting Rs.12,000/- as deposit and rent of Rs.2,000/- per month. The tenure of the lease is for 99 years. As per the conditions of the lease, Respondent has constructed a cinema hall on the suit premises.
3. By advocate’s letter dated 4 December 1978, Responden
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 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 upheld that standard rent, defined by agreed terms, must guide rateable value assessments and cannot exceed set limits until judicial review occurs.
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.
The court established that once eviction proceedings are dismissed, landlords can claim contractual rents despite interim rates being set.
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
The determination of rent increases under the Bombay Rent Act cannot be subjected to arbitration and must be handled by designated courts.
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 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.
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