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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Sugandha Bhaskar Barve – Appellant
Versus
Firoze Fakruddin Samiwala – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1) These Revision Applications are filed challenging the judgment and decree dated 8 September 2022 passed by the Appellate Bench of the Small Causes Court allowing (A1) Appeal No.107 of 2012 filed by the Respondent-Defendant and setting aside the eviction decree dated 30 July 2012 passed by the Small Causes Court in R.A.E. & R. Suit No.1146/1829 of 2003. The Small Causes Court had decreed the suit on the grounds of default in payment of rent and bonafide requirement, while rejecting the ground of erecting permanent structure without landlord’s consent and unlawful subletting. In the Appeal filed by the tenant before the Appellate Bench, Plaintiff-landlord filed cross-objections. The Appellate Bench has allowed the tenant’s Appeal and has set aside the eviction decree by answering the grounds of default in payment of rent and bonafide requirement in favour of the tenant. The cross-objections filed by the Plaintiff-landlord about rejection of grounds of putting up permanent structure and unlawful subletting are rejected. Aggrieved by the judgment and decree dated 8 September 2022 passed by the Appellate Bench allowing (A1) Appeal No. 107 of 2012, Civil
A valid demand notice under Section 15(2) of the Maharashtra Rent Control Act is essential before eviction on grounds of rent default; failure to comply renders the suit non-maintainable.
A valid demand notice under Section 15(2) of the Maharashtra Rent Control Act must specify the amount due and be addressed to the tenant; failure to do so invalidates eviction proceedings.
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 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 court emphasized strict adherence to statutory provisions in eviction cases, particularly regarding rent payment and tenant obligations under the Bombay Rent Act.
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.
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.
Tenant must comply with statutory deposit requirements under Section 12(3) of the Bombay Rent Act, including interest and costs, to avoid eviction.
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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