Case Note & Summary
The appellant, Nirmal Ujwal Credit Co-operative Society Limited, is the owner of premises occupied by respondent No.1, Narendra Mohanlal Choudhary, as a tenant. The tenant initiated proceedings under Section 29(2) of the Maharashtra Rent Control Act, 1999, alleging that the landlord had withheld electricity supply to the lift and the premises without sufficient cause. The learned Judge of the Small Causes Court, by order dated 25.04.2011, upheld the landlord's objection that the application was not maintainable for want of a statutory notice under the Multi-State Co-operative Societies Act, 2002, and dismissed the application. Aggrieved, the tenant filed a revision application under Section 34(4) of the Act of 1999 before the District Judge, Nagpur. The landlord filed an application for dismissal of the revision on the ground that it was not maintainable under Section 34(4). The Revisional Court dismissed the landlord's application and held that the revision was maintainable. The landlord then filed the present Letters Patent Appeal under Clause 15 of the Letters Patent. The core legal issue was whether a revision under Section 34(4) lies against an order passed on an application under Section 29(2). The court analyzed the definition of 'decree' under Section 33(7) of the Act, which includes any order passed under the Act determining any question relating to the rights or liabilities of the parties. The court held that an order under Section 29(2) conclusively determines the rights of the parties regarding the restoration of essential supply or service, and therefore is a decree. Consequently, a revision under Section 34(4) is maintainable against such an order. The court also noted that the question of maintainability of the original application under Section 29(2) for want of notice under the Multi-State Co-operative Societies Act, 2002 was not decided and left open. The appeal was dismissed, upholding the Revisional Court's order that the revision is maintainable.
Headnote
A) Rent Control - Revision - Maintainability - Section 34(4) read with Section 29(2) of the Maharashtra Rent Control Act, 1999 - The court considered whether an order passed on an application under Section 29(2) (restoration of essential supply or service) is a 'decree' under the Act, making a revision maintainable under Section 34(4). Held that such an order is a decree because it conclusively determines the rights of the parties with regard to the subject matter of the application, and therefore a revision lies under Section 34(4). (Paras 1, 10-14) B) Rent Control - Essential Supply - Withholding Electricity - Section 29(2) of the Maharashtra Rent Control Act, 1999 - The tenant filed an application alleging that the landlord had withheld electricity supply to the lift and premises without sufficient cause. The Small Causes Court dismissed the application on the ground of maintainability for want of notice under the Multi-State Co-operative Societies Act, 2002. Held that the order dismissing the application is a decree and revisable under Section 34(4). (Paras 2, 10-14) C) Co-operative Societies - Notice - Applicability - Multi-State Co-operative Societies Act, 2002 - The landlord raised an objection that the tenant's application under Section 29(2) was not maintainable for want of a statutory notice under the Multi-State Co-operative Societies Act, 2002. The court did not decide this issue on merits as the appeal was allowed on the maintainability of revision. (Paras 2, 15)
Issue of Consideration
Whether a revision application under Section 34(4) of the Maharashtra Rent Control Act, 1999 is maintainable against an order passed on an application under Section 29(2) of that Act?
Final Decision
The Letters Patent Appeal is dismissed. The order of the Revisional Court dated 12.08.2022 holding that the revision under Section 34(4) is maintainable against the order under Section 29(2) is upheld. The question of maintainability of the original application under Section 29(2) for want of notice under the Multi-State Co-operative Societies Act, 2002 is left open.
Law Points
- Maintainability of revision
- Section 34(4) Maharashtra Rent Control Act 1999
- Section 29(2) Maharashtra Rent Control Act 1999
- Order under Section 29(2) is a decree
- Multi-State Co-operative Societies Act 2002 notice not required for rent proceedings
