Case Note & Summary
The petitioner, a tenant, challenged an order dated 24/02/2021 passed by the Court of Small Causes, Nagpur, which partly allowed the respondent-landlord's application for fixation of interim fair/standard rent under Section 8 of the Maharashtra Rent Control Act, 1999. The impugned order directed the petitioner to pay interim rent of Rs.15,000/- per month from the date of filing of the application. The petitioner filed a writ petition under Article 227 of the Constitution. During final hearing, the respondent raised a preliminary objection regarding maintainability, arguing that an appeal lies under Section 34 of the Act before the District Judge. The respondent relied on the judgment in Pundalik Haribhau Chandekar v. Jagdish Dadaji Bind, 2010 (1) BOM CR 144. The petitioner contended that the order was interlocutory and not appealable. The Court examined Sections 8 and 34 of the Act read with Sections 26 and 26A of the Provincial Small Causes Courts Act, 1887. It held that the order fixing interim fair rent is a decision under Section 8 and is appealable under Section 34. Since an alternative efficacious remedy exists, the writ petition is not maintainable. The Court dismissed the petition, leaving the petitioner free to file an appeal before the District Judge. The interim order passed earlier was directed to continue for a period of four weeks to enable the petitioner to file an appeal.
Headnote
A) Rent Control - Interim Fair Rent - Maintainability of Writ Petition - Section 8, Section 34 Maharashtra Rent Control Act, 1999 - Sections 26, 26A Provincial Small Causes Courts Act, 1887 - The petitioner-tenant challenged an order fixing interim fair rent under Section 8 of the Act. The respondent-landlord raised a preliminary objection that an appeal lies under Section 34 before the District Judge. The Court held that the availability of an alternative efficacious remedy of appeal bars the writ petition. The petition was dismissed as not maintainable, leaving the petitioner to avail the remedy of appeal. (Paras 6-10)
Issue of Consideration
Whether a writ petition under Article 227 of the Constitution is maintainable against an order fixing interim fair/standard rent under Section 8 of the Maharashtra Rent Control Act, 1999, when an alternative remedy of appeal is available under Section 34 of the said Act.
Final Decision
The writ petition is dismissed as not maintainable in view of alternative efficacious remedy of appeal. The interim order passed earlier shall continue for a period of four weeks to enable the petitioner to file an appeal before the District Judge.
Law Points
- Alternative efficacious remedy
- Maintainability of writ petition
- Appeal against interim order under Rent Control Act
- Section 8 Maharashtra Rent Control Act 1999
- Section 34 Maharashtra Rent Control Act 1999
- Provincial Small Causes Courts Act 1887 Sections 26 and 26A
