Case Note & Summary
The petitioner, a tenant, challenged an eviction decree passed by the Appellate Court under the Maharashtra Rent Control Act, 1999. The core issue was whether the tenanted premises fell within a Notified Slum Area under the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, which would require prior permission of the Competent Authority before eviction. The Appellate Court had recorded a finding that the premises did not fall in a slum area and accordingly passed the eviction decree. The petitioner argued that the area was a slum area and the eviction was illegal without permission. The respondent landlord contended that the burden of proof was on the tenant and that the finding of fact by the Appellate Court was final. The High Court held that the burden to prove that the premises is in a notified slum area lies on the tenant, and the Appellate Court's finding being one of fact and not perverse, no interference was warranted in writ jurisdiction. The petition was dismissed with no order as to costs.
Headnote
A) Rent Control - Eviction - Notified Slum Area - Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 - The question was whether the tenanted premises fell in a notified slum area. The Appellate Court recorded a finding that it did not, and accordingly passed a decree for eviction and possession. The High Court held that the burden to prove that the premises is in a notified slum area is on the tenant, and the Appellate Court's finding being one of fact and not perverse, no interference was warranted in writ jurisdiction. (Paras 3-5)
Issue of Consideration
Whether the tenanted premises falls within a Notified Slum Area under the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, so as to require permission of the Competent Authority before eviction.
Final Decision
Writ Petition dismissed. No order as to costs.
Law Points
- Burden of proof lies on tenant to show premises falls in notified slum area
- Appellate Court's finding of fact not interfered with in writ jurisdiction unless perverse
Case Details
2011 LawText (BOM) (07) 41
Writ Petition No.4978 of 2009
Ashfaquali Ramzanali @ Babbumiya
Hiralal w/o Bhagwandas Shahu
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Nature of Litigation
Writ petition challenging eviction decree passed by Appellate Court under rent control laws.
Remedy Sought
Petitioner (tenant) sought to set aside the eviction decree on the ground that the premises falls in a notified slum area requiring permission of Competent Authority.
Filing Reason
The Appellate Court recorded a finding that the tenanted premises does not fall in a slum area and passed a decree for eviction and possession.
Previous Decisions
The Appellate Court passed the impugned order recording that the premises is not in a notified slum area and decreeing eviction.
Issues
Whether the tenanted premises falls within a Notified Slum Area under the Maharashtra Slum Areas Act, 1971.
Submissions/Arguments
Petitioner argued that the area is a slum area and eviction without permission of Competent Authority is illegal.
Respondent argued that the burden of proof is on the tenant and the finding of fact by the Appellate Court is final.
Ratio Decidendi
The burden to prove that the premises is in a notified slum area lies on the tenant. The Appellate Court's finding that the premises is not in a notified slum area is a finding of fact and not perverse, hence no interference in writ jurisdiction.
Judgment Excerpts
The question is whether the area in question falls in the Notified Slum Area.
The Appellate Court, has, in the order impugned in this petition, recorded the finding, that tenanted at premises does not fall in slum area and hence, the decree for eviction and possession, has been passed after recording further finding...
Procedural History
The petitioner filed a writ petition in the High Court challenging the order of the Appellate Court which had passed a decree for eviction and possession after recording that the premises does not fall in a notified slum area.
Acts & Sections
- Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971:
- Maharashtra Rent Control Act, 1999:
