Case Note & Summary
The petitioner, Somnathappa s/o Nagnathappa Halge, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 05/03/2013 passed by the Rent Controller, Parali Vaijinath, District Beed. The order directed the petitioner to deposit rent and mesne profits and to pay costs in a proceeding for eviction under the Maharashtra Rent Control Act, 1999. The respondent, Kamalbai w/o Govindlal Goud (since deceased through her L.Rs.), had sought eviction of the petitioner for non-payment of rent. The Rent Controller, after hearing the parties, passed the impugned order. The petitioner contended that the order was arbitrary and without jurisdiction. The High Court, after hearing the advocates for both sides, found that the Rent Controller had correctly applied the provisions of the Act and that the order did not suffer from any error of law or fact. The court noted that the petitioner had not deposited the rent as required and that the order was just and proper. Consequently, the writ petition was dismissed, and the rule was discharged. No order as to costs.
Headnote
A) Rent Control - Eviction for Non-Payment of Rent - Deposit of Rent and Mesne Profits - Maharashtra Rent Control Act, 1999, Sections 12, 13 - The petitioner challenged the order of the Rent Controller directing him to deposit arrears of rent and mesne profits and to pay costs. The High Court held that the Rent Controller's order was just and proper, and no interference was warranted under Article 227. The petition was dismissed. (Paras 1-6)
Issue of Consideration
Whether the order passed by the Rent Controller directing the petitioner to deposit rent and mesne profits and to pay costs was legal and proper, and whether the High Court should interfere with such order under Article 227 of the Constitution of India.
Final Decision
Writ petition dismissed. Rule discharged. No order as to costs.
Law Points
- Rent control
- Eviction for non-payment of rent
- Mesne profits
- Deposit of rent
- Article 227 jurisdiction
- Maharashtra Rent Control Act
- 1999
