Case Note & Summary
The case involves a civil writ petition filed under Article 227 of the Constitution of India by the original tenant, Ratnamala Mohan Aklujkar, challenging the judgment and order dated 20 December 2022 passed by the Appellate Bench of the Court of Small Causes at Bombay. The Appellate Bench had set aside the order dated 1 September 2021 of the Single Judge of the Small Causes Court, which had allowed the tenant's application for rejection of the plaint in an eviction suit. The eviction suit, R.A.E. Suit No.251/365 of 2010, was filed by the original landlord, Sushila Nirmalkumar Rungta (since deceased, represented by legal heirs), against the tenant under Section 16(1)(a) and (b) of the Maharashtra Rent Control Act, 1999. The tenant appeared, filed a written statement, and issues were framed. On 18 March 2021, the tenant filed an application (Exh.52) for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, on the ground that the landlord had sold the building containing the suit premises to Mrs. Mamta Anil Jain and Mr. Anil Jain by a conveyance dated 18 September 2019. The tenant argued that the sale extinguished the landlord's title and the relationship of landlord and tenant, thereby causing the cause of action to cease. The Single Judge allowed the application and rejected the plaint. The landlord appealed to the Appellate Bench, which allowed the appeal and set aside the Single Judge's order. The tenant then filed the present writ petition. The High Court, after hearing submissions, held that the Appellate Bench had correctly applied the law. The Court reasoned that the transfer of property pending suit does not automatically extinguish the cause of action for eviction; the landlord can continue the suit for the benefit of the purchaser. The Court found no perversity or jurisdictional error in the Appellate Bench's order and dismissed the writ petition, upholding the Appellate Bench's decision.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Cause of Action - Transfer of Property Pending Suit - The tenant sought rejection of the plaint on the ground that the landlord sold the building, thereby losing the status of landlord and extinguishing the cause of action. The Single Judge allowed the application, but the Appellate Bench set it aside. The High Court upheld the Appellate Bench, holding that the cause of action for eviction survives the transfer, as the landlord can continue the suit for the benefit of the purchaser. (Paras 1-9) B) Rent Control - Eviction Suit - Section 16(1)(a) and (b) Maharashtra Rent Control Act, 1999 - Transfer of Property - The landlord filed an eviction suit under Section 16(1)(a) and (b) of the Maharashtra Rent Control Act, 1999. During the pendency of the suit, the landlord sold the building. The tenant argued that the suit was not maintainable. The Court held that the transfer does not automatically terminate the landlord's right to sue, and the suit can proceed. (Paras 3-9) C) Constitutional Law - Writ Jurisdiction - Article 227 of the Constitution of India - Scope of Interference - The High Court, in exercise of its supervisory jurisdiction under Article 227, declined to interfere with the Appellate Bench's order, finding no perversity or jurisdictional error. The Court noted that the Appellate Bench had correctly applied the law regarding survival of cause of action. (Paras 1, 9)
Issue of Consideration
Whether the sale of the building by the landlord pending an eviction suit results in the extinction of the cause of action, warranting rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908.
Final Decision
The High Court dismissed the writ petition, upholding the Appellate Bench's order dated 20 December 2022, which had set aside the Single Judge's order rejecting the plaint. The eviction suit is restored and shall proceed.
Law Points
- Rejection of plaint under Order VII Rule 11 CPC
- Transfer of property pending suit
- Survival of cause of action
- Section 16(1)(a) and (b) Maharashtra Rent Control Act
- 1999
- Article 227 Constitution of India
