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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.M. SATHAYE
Madhukar Bapu Gurav (since deceased) through his legal heirs) – Appellant
Versus
Sakalnarayan J. Sharma (deceased) through his legal heirs – Respondent
JUDGMENT :
M.M. Sathaye, J.
1. By this petition under Articles 226 & 227 of the Constitution of India, the Petitioner is challenging the judgment and decree dated 06.02.2012 passed in Appeal No.13 of 2010 by the Appellate Bench of the Small Causes Court at Bandra, Mumbai. By the impugned judgment, the appeal filed by the Petitioner is dismissed, thereby confirming decree of eviction passed against him dated 30.11.2009 passed by the Court Small Causes at Mumbai in R.A.E. & R. Suit No.5444 of 1985.
2. The petition is arising out of provisions of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as it existed prior to 1987 amendment (‘Bombay Rent Act’, for short). Present petitioners are legal heirs of original Defendant (Shri. Madhukar Bapu Gurav) and the Respondents are original Plaintiffs. The said suit was filed for recovery of possession and arrears of rent in respect of suit premises which are double room having area of 14’-3” x 10’-5” and 9’ x 11’-3”, along with open verandah converted into a room and constructed bathroom in Sharma Juni Chawl, Sharma Industrial Estate, Walbhat Road, Goregaon (E), Mumbai – 400 063. The suit was filed on the ground of default (arrears o
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.
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.
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 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 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 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.
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 ....
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