Case Note & Summary
The Union of India, as tenant of a property purchased by the respondents (landlords) via registered sale deed dated 3/11/1982, was served a notice dated 2nd August 1984 demanding arrears of rent at Rs.115.45 per month from 3/11/1982 onwards with permitted increase under Section 12(2) of the Bombay Rent Act, 1947. The notice did not specify a quantified amount for the permitted increase. The tenant did not pay the demanded amount nor applied for standard rent fixation under Section 11 of the Act. The landlords filed R.A.E. Suit No.929/2990/1987 for eviction. The trial court decreed eviction on 22nd/23rd June 2001, which was confirmed by the Division Bench of the Small Causes Court in Appeal No.552 of 2001 on 12th April 2005. The Union of India challenged this order under Article 227 of the Constitution. The High Court dismissed the petition, holding that the notice was valid and the tenant's failure to pay the permitted increase, even if unquantified, constituted default under Section 12(2), justifying eviction.
Headnote
A) Rent Control - Permitted Increase - Section 12(2) Bombay Rent Act, 1947 - Notice of Demand - The landlords purchased the suit property and issued a notice demanding arrears of rent at Rs.115.45 per month with permitted increase under Section 12(2) without specifying a quantified amount. The tenant failed to pay or apply for standard rent fixation. The trial court and appellate court decreed eviction. The High Court held that the notice was valid and the tenant's failure to pay the permitted increase, even if unquantified, constituted default under Section 12(2), warranting eviction. (Paras 2-4)
Issue of Consideration
Whether the tenant's failure to pay the permitted increase demanded in the notice under Section 12(2) of the Bombay Rent Act, 1947, without specifying a quantified amount, justifies eviction.
Final Decision
The High Court dismissed the writ petition, upholding the eviction decree.
Law Points
- Section 12(2) of Bombay Rent Act
- 1947
- Permitted increase
- Notice of demand
- Standard rent fixation
- Eviction decree
Case Details
2005 LawText (BOM) (12) 19
Writ Petition No.7788 of 2005
S.R. Radium, S.S. Sharer for Appellants; R.A. Throat, P.J. Throat, Devendra Udani for Respondents
Jethalal Ladhuram Maniar, Ravindra Jethalal Maniar, Prakash Jethalal Maniar
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Nature of Litigation
Civil writ petition under Article 227 of the Constitution challenging eviction decree in rent dispute.
Remedy Sought
Appellant (Union of India) sought to quash the judgment and order dated 12th April 2005 passed by the Division Bench of Small Causes Court confirming eviction decree.
Filing Reason
Appellant challenged the eviction decree on the ground that the notice demanding permitted increase was invalid as it did not specify a quantified amount.
Previous Decisions
Trial court decreed eviction on 22nd/23rd June 2001 in R.A.E. Suit No.929/2990/1987; Division Bench of Small Causes Court confirmed the decree in Appeal No.552 of 2001 on 12th April 2005.
Issues
Whether the notice demanding permitted increase under Section 12(2) of the Bombay Rent Act, 1947, without specifying a quantified amount, is valid.
Whether the tenant's failure to pay the demanded amount or apply for standard rent fixation justifies eviction.
Submissions/Arguments
Appellant argued that the notice was invalid as it did not specify the exact amount of permitted increase.
Respondents argued that the notice was valid and the tenant's failure to pay constituted default under Section 12(2).
Ratio Decidendi
A notice under Section 12(2) of the Bombay Rent Act, 1947 demanding permitted increase need not specify a quantified amount; the tenant's failure to pay or apply for standard rent fixation constitutes default justifying eviction.
Judgment Excerpts
Heard the learned counsels for the rival parties. Perused Petition and annexures annexed thereto.
The present Respondents/landlords, after purchasing the suit property, by registered sale deed dated 3/11/82, ... did issue notice dated 2nd August, 1984 calling upon the Union of India ... to pay arrears of the rent at the rate of Rs.115.45 from 03/11/1982 onwards with permitted increase as per Section 12(2) of the Bombay Rent Act ... within 30 days.
Procedural History
The landlords filed R.A.E. Suit No.929/2990/1987 for eviction. The trial court decreed eviction on 22nd/23rd June 2001. The tenant appealed to the Division Bench of Small Causes Court in Appeal No.552 of 2001, which confirmed the decree on 12th April 2005. The tenant then filed the present writ petition under Article 227 of the Constitution.
Acts & Sections
- Bombay Rent Act, 1947: Section 12(2), Section 11
