Case Note & Summary
The petitioner, Chandiram s/o Dariyanumal Ahuja, was a tenant of the respondent, Akola Zilla Shram Wahatuk Sahakari Sanstha, a registered co-operative society. The respondent filed Small Cause Suit No.22 of 2003 seeking eviction of the tenant on the ground of arrears of rent for 36 months. The learned Joint Civil Judge, Junior Division, Akola, passed a decree for eviction and possession on 17-12-2004, holding that the tenant had failed to comply with Section 15(3) of the Maharashtra Rent Control Act, 1999. The tenant appealed to the Principal District Judge, Akola, in Regular Civil Appeal No.19 of 2005, which was dismissed on 16-1-2007. The tenant then filed the present writ petition under Article 227 of the Constitution challenging the concurrent findings of fact. The High Court examined the trial court's judgment, particularly paragraph 13, where the question of compliance of Section 15(3) was considered. The trial court found that the tenant had not tendered the standard rent and permitted increases with simple interest on the arrears. The appellate court affirmed this finding. The High Court held that the concurrent findings of fact were not perverse and did not warrant interference in writ jurisdiction. The petition was dismissed with no order as to costs.
Headnote
A) Rent Control - Eviction - Section 15(3) Maharashtra Rent Control Act, 1999 - Non-compliance - Tenant failed to tender standard rent and permitted increases with simple interest on arrears for 36 months - Both courts below held tenant in default and passed eviction decree - High Court in writ jurisdiction declined to interfere with concurrent findings of fact - Held that findings are not perverse and no substantial question of law arises (Paras 1-3).
Issue of Consideration
Whether the concurrent findings of fact regarding non-compliance of Section 15(3) of the Maharashtra Rent Control Act, 1999 by the tenant are sustainable in law.
Final Decision
Writ Petition dismissed. No order as to costs.
Law Points
- Section 15(3) of Maharashtra Rent Control Act
- 1999 requires tenant to pay or tender standard rent and permitted increases with interest on arrears
- failure to comply results in eviction decree
- concurrent findings of fact not interfered with in writ jurisdiction unless perverse.
