Case Note & Summary
The petitioner, Jagannath Baburao Swamy, filed a Civil Revision Application challenging the order dated 12/9/1997 passed by the Competent Authority under the Bombay Rent Act. The petitioner had sought eviction of the respondents from a premises consisting of a room admeasuring 18' x 9' with an open space of 9' x 9' situated on CTS No.153 (Gaothan) Bopodi, Pune. The Competent Authority partly allowed the application, ordering eviction of opponent no.1 (Smt. Ramakka Munnuswamy) but dismissing the application against opponent no.2. At the time of the order, opponent no.2 was in possession of the suit premises. The High Court noted that the trial court had held that the landlord failed to prove the relationship of landlord and tenant with opponent no.2. The revision was dismissed as against opponent no.2, and the order of the Competent Authority was upheld.
Headnote
A) Rent Control - Eviction under Section 13-A2 - Landlord's Application - The petitioner landlord filed an application under Section 13-A2 of the Bombay Rent Act for eviction of respondents. The Competent Authority allowed the application against opponent no.1 (tenant) but dismissed it against opponent no.2 (sub-tenant) who was in possession. The High Court upheld the dismissal against opponent no.2, holding that the landlord failed to establish a landlord-tenant relationship with opponent no.2. (Paras 1-2)
Issue of Consideration
Whether the eviction application under Section 13-A2 of the Bombay Rent Act could be allowed against opponent no.2 who was in possession of the premises at the time of the order?
Final Decision
The Civil Revision Application is dismissed. The order of the Competent Authority dated 12/9/1997 is upheld. No order as to costs.
Law Points
- Eviction under Section 13-A2 of Bombay Rent Act
- 1947
- Landlord-tenant relationship
- Sub-tenancy
- Possession at the time of order
Case Details
2005 LawText (BOM) (05) 43
Civil Revision Application No. 16 of 1998
Mr. Kasim Shaikh h/f. Mrs. Anita Agarwal for petitioner; Mr. S.B. Deshmukh h/f. Mr. A.V. Anturkar for Resp.No.2
Smt. Ramakka Munnuswamy & anr.
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Nature of Litigation
Civil Revision Application challenging an order of the Competent Authority under the Bombay Rent Act regarding eviction.
Remedy Sought
The petitioner sought eviction of the respondents from the suit premises under Section 13-A2 of the Bombay Rent Act.
Filing Reason
The petitioner claimed that the respondents were tenants and sought their eviction.
Previous Decisions
The Competent Authority allowed the eviction application against opponent no.1 but dismissed it against opponent no.2.
Issues
Whether the eviction application under Section 13-A2 of the Bombay Rent Act could be allowed against opponent no.2 who was in possession of the premises at the time of the order?
Ratio Decidendi
The landlord failed to establish a landlord-tenant relationship with opponent no.2, who was in possession of the premises at the time of the order. Therefore, the eviction application under Section 13-A2 of the Bombay Rent Act was rightly dismissed against opponent no.2.
Judgment Excerpts
The order passed by the Competent Authority under the Bombay Rent Act on 12/9/1997 is under challenge in this Civil Revision Application.
Admittedly when the application was allowed by the impugned order, it was the opponent no.2 who was in possession of the suit premises.
Procedural History
The petitioner filed an application under Section 13-A2 of the Bombay Rent Act before the Competent Authority. The Competent Authority passed an order on 12/9/1997 allowing the application against opponent no.1 and dismissing it against opponent no.2. The petitioner challenged this order by filing Civil Revision Application No. 16 of 1998 before the High Court of Judicature at Bombay.
Acts & Sections
