Case Note & Summary
The case involves a dispute between landlords (Respondents) and a tenant (Petitioner) over eviction from premises in Mumbai. The landlords sent a notice of demand dated 24.1.1981 claiming arrears of rent for the period from 1st January 1980 to 30th April 1981 at Rs.19.34 per month. The tenant failed to pay the amount within one month of service of the notice and did not raise any dispute regarding standard rent by filing an application for fixation. Consequently, the landlords filed an eviction suit on grounds of arrears of rent for more than six months, unlawful sub-letting, and nuisance. The Trial Court held that the landlords proved arrears of rent and unlawful sub-letting, and passed a decree of eviction, but rejected the ground of nuisance. The tenant appealed to the Appellate Bench of the Small Causes Court, which reversed the Trial Court's findings on both grounds and dismissed the eviction suit. The landlords then filed the present writ petition before the High Court. The High Court examined the evidence and found that the tenant had not paid the demanded rent within one month and had not disputed the standard rent, thus satisfying the condition for eviction under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Regarding sub-letting, the High Court noted that the Appellate Court had erred in reversing the Trial Court's finding without proper justification, and restored the Trial Court's finding that the tenant had unlawfully sub-let the premises. The High Court allowed the writ petition, set aside the Appellate Court's order, and restored the Trial Court's decree of eviction.
Headnote
A) Rent Control - Eviction - Arrears of Rent - Section 12(3)(a) Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Landlords sent notice of demand for arrears of rent from 1st January 1980 to 30th April 1981 at Rs.19.34 per month - Tenant failed to pay within one month and did not dispute standard rent - Trial Court held tenant liable for eviction - Held that non-payment within one month of demand notice without raising dispute justifies eviction decree (Paras 3-4). B) Rent Control - Eviction - Unlawful Sub-letting - Section 13(1)(e) Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Landlords alleged tenant sub-let premises - Trial Court found sub-letting proved - Appellate Court reversed finding - High Court restored Trial Court's finding based on evidence - Held that sub-letting without landlord's consent is a valid ground for eviction (Paras 3-5).
Issue of Consideration
Whether the tenant is liable to be evicted on grounds of arrears of rent and unlawful sub-letting under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Final Decision
Writ petition allowed. Order of Appellate Bench of Small Causes Court set aside. Decree of eviction passed by Trial Court restored.
Law Points
- Eviction decree can be passed on ground of arrears of rent if tenant fails to pay within one month of demand notice
- Unlawful sub-letting is a ground for eviction
- Tenant's failure to dispute standard rent within one month of notice results in deemed acceptance
