Case Note & Summary
The dispute concerned a tenancy under the Bombay Tenancy & Agricultural Lands Act, 1948, where the landlord sought ejectment of the tenant on the ground of arrears of rent. The appellant-tenant, through legal representatives, challenged orders passed by the revenue authorities and the High Court, which held that the case was governed by Section 25(2) of the Act and that the tenant could not avail of the remedial provision under Section 25(1). The narrow point before the High Court and revenue authorities was whether the tenant was in arrears of rent beyond three years and whether action could be taken under Section 25(1) or Section 25(2). Section 25(1) enables a Mamlatdar to grant relief against termination of tenancy for non-payment of rent by facilitating payment of rent either directly to the landlord or in court within 15 days from the date of the order, failing which ejectment follows. In contrast, Section 25(2) carves out an exception: if the tenant is in arrears for any three years and the landlord has given intimation to that effect within three months of each default, ejectment must follow as a consequence and the remedial provision under Section 25(1) cannot come to the rescue of the tenant. The High Court recorded a finding that the instant case was covered under Section 25(2) and that the Mamlatdar could not proceed under Section 25(1) permitting the tenant to save the tenancy on payment of arrears of rent within 15 days. The Supreme Court found that the High Court had given adequate reasons for this view and saw no justification to alter it. Consequently, the appeal was dismissed with no order as to costs. The decision reaffirms that tenants with three years' rent arrears, where the landlord has complied with the intimation requirement, are excluded from the remedial payment mechanism under Section 25(1) and must face ejectment under Section 25(2).
Headnote
A) Tenancy Law - Rent Arrears and Ejectment - Distinction between Sections 25(1) and 25(2) - Bombay Tenancy & Agricultural Lands Act, 1948, Sections 25(1), 25(2) - Section 25(1) enables a Mamlatdar to grant relief against termination of tenancy for non-payment of rent by permitting the tenant to pay arrears within 15 days; Section 25(2) carves out an exception where a tenant in arrears for three years with landlord's intimation within three months of each default cannot seek remedial benefit under Section 25(1). In this case, the High Court found the tenant in arrears beyond three years and that the case fell under Section 25(2), thereby barring relief under Section 25(1). The Supreme Court upheld that finding and dismissed the appeal, holding that when Section 25(2) applies, ejectment must follow as a consequence and the remedial provision under Section 25(1) cannot come to the rescue of the tenant (Paras Not mentioned).
Issue of Consideration
Whether the appellant-tenant was in arrears of rent beyond three years and whether action could be taken under Section 25(1) or Section 25(2) of the Bombay Tenancy & Agricultural Lands Act, 1948
Final Decision
The appeal was dismissed; the Supreme Court upheld the High Court's finding that the case was covered under Section 25(2) and that the Mamlatdar could not proceed under Section 25(1) to allow the tenant to save the tenancy by paying arrears within 15 days; no order as to costs.
Law Points
- Section 25(1) allows Mamlatdar to grant relief against termination of tenancy for non-payment of rent by permitting payment of rent within 15 days
- Section 25(2) carves out an exception where tenant is in arrears for any three years and landlord gives intimation within three months of each default
- ejectment must follow and remedial provision under Section 25(1) cannot rescue the tenant
