The eviction decree passed by the Trial Court and upheld by the Appellate Court was set aside due to:

1. Lack of a valid demand notice as required under Section 15(2) of the Maharashtra Rent Control Act.
2. Plaintiff’s acceptance of rent after the alleged notice rendered the eviction claim procedurally invalid.
3. No sufficient evidence of the tenant denying the landlord's title to invoke Section 116 of the Evidence Act.

Acts and Sections Discussed:

1. Maharashtra Rent Control Act, 1999:

   • Section 15(2): Requirement of demand notice for rent arrears.
   • Section 15(3): Protection from eviction upon timely payment of arrears after summons.

2. Indian Evidence Act, 1872:

   • Section 116: Estoppel against tenants denying landlord’s title.

3. Transfer of Property Act, 1882:

   • Section 112: Waiver of forfeiture upon acceptance of rent post-notice.

Ratio Decidendi:

1. Non-Compliance with Demand Notice Requirement:

   • A valid demand notice under Section 15(2) of the Maharashtra Rent Control Act is a mandatory prerequisite for instituting an eviction suit based on rent default.
   • Subsequent acceptance of rent post-notice invalidates reliance on a stale notice for eviction purposes.

2. No Denial of Title:

   • A tenant acknowledging the plaintiff as one of the co-owners does not constitute denial of title under Section 116 of the Evidence Act.

1. Procedural History:

• Plaintiff sought eviction citing rent arrears and denial of title.
• Trial Court ruled in favor of eviction; the decision was upheld by the Appellate Court.

2. Relationship Between Parties:

• Defendant was a tenant under a tenancy agreement dated December 15, 2005, with monthly rent initially set at ₹810, later claimed to be ₹3,000.

3. Alleged Grounds for Eviction:

• Default in payment of rent.
• Breach of tenancy terms.
• Denial of plaintiff's title as co-owner.

4. Plaintiff’s Notices and Actions:

• Notices dated January 21, 2009, and July 14, 2012, alleged irregular payments but were not followed by immediate legal action.
• Rent was subsequently accepted on multiple occasions, undermining the validity of the notices.

5. Defendant’s Contestations:

• Denied irregular payment, citing the landlord's practice of collecting rent quarterly.
• Asserted the plaintiff was only a co-owner, disputing unilateral suit initiation.

6. Trial and Appellate Findings:

• Both courts focused on alleged rent irregularities but failed to assess the validity of the demand notice under Section 15(2).

7. High Court Observations:

• Absence of a valid demand notice invalidated the eviction suit.
• Acceptance of rent negated grounds for eviction under stale notices.
• Defendant’s acknowledgment of co-ownership did not equate to title denial.

Subjects:

Eviction proceedings under the Maharashtra Rent Control Act due to alleged rent default and denial of landlord's title.

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