Case Note & Summary
The judgment concerns two writ petitions arising from eviction proceedings between Omkar Co-operative Housing Society Ltd. (the Society) and Kishore Kalyanji Badiani (the assignee). The Society owned property originally leased to Anil Ramchandra Garge for 99 years, who constructed tenements and let them out to 16 lessees. One of those lessees, Jatashankar Kaluram Tiwari (the assignor), assigned his tenancy rights to Kishore via a registered deed. The Society filed RAE Suit No. 1050 of 1995 against both the assignor and assignee seeking eviction on grounds of subletting and unauthorized structural changes. The trial court decreed the suit on 29.08.2008. The assignee appealed (Appeal No. 618 of 2008) before the Appellate Bench of the Small Cause Court, Mumbai. During the appeal, the assignee filed an application (Exhibit 22 of 2010) to amend his written statement to incorporate subsequent events, which was allowed by the Appellate Bench on 06.08.2014. The Society challenged this order in WP No. 9128 of 2014. Separately, the Society applied for interim compensation (Exhibit 6) pending appeal, and the Appellate Bench on 11.06.2010 directed the assignee to deposit contractual rent plus Rs.31,200/- per month. The assignee challenged this order in WP No. 5599 of 2010. The court dismissed WP No. 9128 of 2014, holding that amendment of pleadings to incorporate subsequent events is permissible under Order VI Rule 17 CPC to avoid multiplicity of proceedings. The court partly allowed WP No. 5599 of 2010, modifying the interim compensation order to clarify that the amount of Rs.31,200/- per month is in addition to contractual rent, but otherwise upheld the direction as reasonable under Section 11(3) of the Maharashtra Rent Control Act, 1999.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order VI Rule 17 CPC - Subsequent Events - The court held that amendment of written statement to incorporate subsequent events is permissible to avoid multiplicity of proceedings and to reflect the real controversy between parties. The Appellate Bench did not err in allowing the amendment. (Paras 8-12)
B) Rent Control - Interim Compensation - Section 11(3) Maharashtra Rent Control Act, 1999 - The court held that after eviction decree, the tenant's possession is that of a trespasser, and the landlord is entitled to compensation. The direction to pay contractual rent plus Rs.31,200/- per month was held to be reasonable and not excessive. (Paras 13-16)
Issue of Consideration
Whether the Appellate Bench of the Small Cause Court erred in allowing amendment of written statement to incorporate subsequent events, and whether the direction to pay interim compensation pending appeal was justified.
Final Decision
WP No. 9128 of 2014 dismissed; WP No. 5599 of 2010 partly allowed with modification that the amount of Rs.31,200/- per month is in addition to contractual rent, but otherwise upheld.
Law Points
- Amendment of written statement
- Order VI Rule 17 CPC
- subsequent events
- interim compensation
- Section 11(3) Maharashtra Rent Control Act
- 1999
- eviction decree
- appellate jurisdiction
Case Details
2019 LawText (BOM) (09) 186
Writ Petition No. 9128 of 2014 with Writ Petition No. 5599 of 2010
V. S. Kapse i/b Sonal Doshi & Co. for petitioner in WP 5599/2010 & Respondent 1 in WP 9128/2014; S. M. Railkar for petitioner in WP 9128/2014 and Respondent no. 1 in WP 5599/2010
Omkar Co-operative Hsg. Society Ltd. (in WP 9128/2014); Kishore Kalyanji Badiani (in WP 5599/2010)
Kishore Kalyanji Badiani & Ors. (in WP 9128/2014); Omkar Co-op. Hsg. Society Ltd. & Ors. (in WP 5599/2010)
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Nature of Litigation
Two writ petitions arising from eviction proceedings: one challenging order allowing amendment of written statement, another challenging order directing interim compensation pending appeal.
Remedy Sought
In WP 9128/2014, the Society sought to quash the order allowing amendment of written statement. In WP 5599/2010, the assignee sought to set aside the order directing payment of interim compensation.
Filing Reason
The Society challenged the Appellate Bench's order allowing amendment of written statement; the assignee challenged the order directing interim compensation.
Previous Decisions
Trial court decreed eviction on 29.08.2008; Appellate Bench allowed amendment on 06.08.2014 and directed interim compensation on 11.06.2010.
Issues
Whether the Appellate Bench erred in allowing amendment of written statement to incorporate subsequent events.
Whether the direction to pay interim compensation pending appeal was justified and reasonable.
Submissions/Arguments
Society argued that amendment of written statement after eviction decree is not permissible as it would change the nature of the defence.
Assignee argued that interim compensation order is excessive and without jurisdiction.
Ratio Decidendi
Amendment of written statement to incorporate subsequent events is permissible under Order VI Rule 17 CPC to avoid multiplicity of proceedings. Interim compensation under Section 11(3) of the Maharashtra Rent Control Act, 1999 can be directed pending appeal, and the amount of Rs.31,200/- per month in addition to contractual rent is reasonable.
Judgment Excerpts
The petitioner society—Omkar Co-operative Hsg. Society Ltd.—owns the property now in respondent Kishore Kalyanji Badani’s possession.
The Society filed RAE Suit No. 1050 of 1995 against both the assignor and the assignee for eviction on the grounds of subletting and structural changes to the property.
The trial Court decreed the suit on 29.08.2008.
Through its order, 11.06.2010, the Bench directed the assignee to deposit the contractual rent and, in addition, Rs.31.200/- per month regularly.
Procedural History
RAE Suit No. 1050 of 1995 filed by Society against assignor and assignee; decreed on 29.08.2008. Assignee filed Appeal No. 618 of 2008 before Appellate Bench of Small Cause Court, Mumbai. During appeal, assignee filed application for amendment of written statement (allowed on 06.08.2014) and Society filed application for interim compensation (order on 11.06.2010). Both orders challenged via writ petitions.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order VI Rule 17
- Maharashtra Rent Control Act, 1999: Section 11(3)
