Case Note & Summary
The case involves a civil revision application filed by the tenant, Mohanlal Soni, challenging the decree of eviction passed by the learned District Judge, Dhule, in Regular Civil Appeal No. 79/2007. The appellate court had reversed the trial court's dismissal of Regular Civil Suit No. 126/2004 filed by the landlords (respondents) for eviction on the ground of default in payment of rent under Section 15 of the Maharashtra Rent Control Act, 1999. The landlords claimed that a statutory notice dated 7.10.2003 was served upon the tenant, demanding arrears of rent. The tenant denied receipt of the notice, asserting that he was away from Dhule from 8.10.2003 to 17.10.2003 and that the alleged service on his son was false. The trial court, after examining the evidence of the postman (P.W.2 Shaligram) and the tenant, found that the service of notice was not proved and dismissed the suit. The appellate court reversed this finding, holding that the notice was validly served. The High Court, in revision, examined the evidence and found that the appellate court's conclusion was perverse and not supported by the record. The High Court noted that the trial court had correctly disbelieved the postman's testimony due to inconsistencies and the tenant's credible evidence of absence. Consequently, the High Court allowed the revision application, set aside the appellate decree, and restored the trial court's dismissal of the suit.
Headnote
A) Rent Control - Service of Notice - Section 15 of Maharashtra Rent Control Act, 1999 - Burden of Proof - The landlord must prove valid service of statutory notice demanding arrears of rent. The tenant disputed service, claiming absence from town during the relevant period. The trial court disbelieved the postman's testimony and dismissed the suit. The appellate court reversed, but the High Court held that the appellate court's finding on service was perverse and not based on evidence. Held that the landlord failed to discharge the burden of proving valid service of notice, and the tenant's default was not established (Paras 3-4).
Issue of Consideration
Whether the statutory notice under Section 15 of the Maharashtra Rent Control Act, 1999 was validly served upon the tenant, and whether the tenant's default in payment of rent was established.
Final Decision
The High Court allowed the civil revision application, set aside the decree of eviction passed by the learned District Judge, Dhule, in Regular Civil Appeal No.79/2007, and restored the judgment and decree of dismissal of Regular Civil Suit No.126/2004 passed by the learned Civil Judge, Senior Division, Dhule.
Law Points
- Service of notice under Section 15 of Maharashtra Rent Control Act
- 1999 must be proved by landlord
- burden of proof lies on landlord to show valid service
- tenant's absence from town during notice period raises doubt on service
- postman's testimony must be credible and consistent with other evidence.
Case Details
2010 LawText (BOM) (12) 22
Civil Revision Application No.52 of 2010
Shri V.D. Sapkal for petitioner, Shri L.D. Vakil holding for Shri D.L. Vakil Gangapurkar for respondents
Mohanlal s/o Ukchand Soni
Mandakini Ramchandra Shah, Yogesh Ramchandra Shah, Ramesh Ramchandra Shah, Jitesh Ramchandra Shah, Giribala Ashok Shah
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Nature of Litigation
Civil revision application against eviction decree in a rent control matter.
Remedy Sought
Tenant sought to set aside the appellate decree of eviction and restore the trial court's dismissal of the suit.
Filing Reason
Tenant challenged the appellate court's finding that statutory notice under Section 15 of the Maharashtra Rent Control Act, 1999 was validly served, leading to eviction for default in rent.
Previous Decisions
Trial court (Civil Judge, Senior Division, Dhule) dismissed Regular Civil Suit No.126/2004. Appellate court (District Judge, Dhule) reversed and decreed eviction in Regular Civil Appeal No.79/2007.
Issues
Whether the statutory notice under Section 15 of the Maharashtra Rent Control Act, 1999 was validly served upon the tenant.
Whether the appellate court's finding on service of notice was perverse and liable to be set aside.
Submissions/Arguments
Petitioner (tenant) argued that the notice was not served as he was away from Dhule from 8.10.2003 to 17.10.2003, and the postman's testimony was unreliable.
Respondents (landlords) argued that the notice was served on the tenant's son and that the appellate court correctly reversed the trial court's finding.
Ratio Decidendi
The landlord must prove valid service of statutory notice under Section 15 of the Maharashtra Rent Control Act, 1999. The appellate court's finding that the notice was served was perverse as it ignored the tenant's credible evidence of absence and the postman's inconsistent testimony. The burden of proof lies on the landlord, and failure to discharge it results in dismissal of the eviction suit.
Judgment Excerpts
The controversy hinges on finding recorded by learned Principal District Judge, Dhule, holding default by the applicant in terms of Section 15 of the Maharashtra Rent Control Act and the statutory notice could be a proper service required under Section 15 of the Maharashtra Rent Control Act, 1999.
The reasons assigned by the learned Civil Judge, Senior Division are in tune with the evidence of the tenant coupled by contrary pleadings of the landlord...
Procedural History
The landlords filed Regular Civil Suit No.126/2004 for eviction on ground of default. The trial court dismissed the suit on 31.7.2007. The landlords appealed in Regular Civil Appeal No.79/2007, which was allowed by the District Judge on 31.12.2009, decreeing eviction. The tenant filed Civil Revision Application No.52 of 2010 in the High Court, which was heard and allowed on 20.12.2010.
Acts & Sections
- Maharashtra Rent Control Act, 1999: Section 15
