Case Note & Summary
The petitioner, Hemant R. Saple, as landlord, filed a writ petition challenging the order of the Appellate Bench of the Court of Small Causes, Bombay, which reversed the trial court's decree of ejectment against the respondent tenant, Kaloolal Pyarelal Jain (since deceased, represented by legal representatives). The dispute pertained to a tenancy where the tenant had defaulted in payment of rent for a period of over ten years. The trial court had decreed ejectment on the ground of default under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Appellate Bench reversed this decree. The landlord challenged this reversal in the High Court. The High Court examined the evidence, noting that the tenant had not paid rent from 1982 to 1993, and the tenant's own witness admitted that the tenant had not paid rent for over ten years. The court held that such a long period of non-payment constituted willful default. The court found that the Appellate Bench had erred in reversing the trial court's decree without proper justification. Consequently, the High Court allowed the writ petition, set aside the Appellate Bench's order, and restored the trial court's decree of ejectment. The court also directed the tenant to pay arrears of rent at the contractual rate and to pay mesne profits at the rate of Rs. 500 per month from the date of the suit until delivery of possession.
Headnote
A) Rent Control - Willful Default - Section 12(3)(a) Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Tenant's failure to pay rent for over a decade constitutes willful default - Trial court's decree of ejectment restored - Held that the Appellate Bench erred in reversing the decree without proper consideration of evidence (Paras 1-6).
Issue of Consideration
Whether the Appellate Bench of the Small Causes Court was justified in reversing the trial court's decree of ejectment on the ground of default in payment of rent under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Final Decision
The High Court allowed the writ petition, set aside the order of the Appellate Bench of the Small Causes Court, and restored the decree of ejectment passed by the trial court. The tenant was directed to pay arrears of rent at the contractual rate and mesne profits at Rs. 500 per month from the date of the suit until delivery of possession.
Law Points
- Willful default
- Rent control
- Ejectment decree
- Section 12(3)(a) Bombay Rents Act
- 1947
- Appellate court's interference
- Concurrent findings
Case Details
2013 LawText (BOM) (07) 46
Writ Petition No. 4417 of 1995
Mr. P. R. Arjunwadkar, a/w Mr. Omkar Nagvekar for the Petitioner
Kaloolal Pyarelal Jain (since deceased, through legal representatives: Gangabai K. Jain, Kamal Kumar K. Jain, Chandanbala K. Jain, Pravinkumar K. Jain, Leela Devi Anil Kumar Talesara, Anil Kumar K. Jain, Chandrakant K. Jain)
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Nature of Litigation
Writ petition challenging the order of the Appellate Bench of the Court of Small Causes reversing the trial court's decree of ejectment on the ground of default in payment of rent.
Remedy Sought
The petitioner (landlord) sought restoration of the trial court's decree of ejectment against the respondent tenant.
Filing Reason
The tenant defaulted in payment of rent for over ten years, leading to the landlord filing a suit for ejectment.
Previous Decisions
The trial court (Judge of the Court of Small Causes) decreed ejectment on the ground of default under Section 12(3)(a) of the Bombay Rents Act. The Appellate Bench of the Small Causes Court reversed that decree.
Issues
Whether the tenant's failure to pay rent for over ten years constitutes willful default under Section 12(3)(a) of the Bombay Rents Act.
Whether the Appellate Bench was justified in reversing the trial court's decree of ejectment.
Submissions/Arguments
The petitioner argued that the tenant had not paid rent from 1982 to 1993, which is a clear case of willful default.
The tenant's own witness admitted that the tenant had not paid rent for over ten years.
Ratio Decidendi
A tenant's failure to pay rent for a period of over ten years constitutes willful default under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, warranting a decree of ejectment. The Appellate Bench erred in reversing the trial court's decree without proper justification.
Judgment Excerpts
This petition questions the order passed by the Appellate Bench of the Court of Small Causes, reversing the decree of ejectment of respondent tenant passed by the learned Judge of the Court of Small Causes, on the ground of default in payment of rent.
The tenant had not paid rent from 1982 to 1993. The tenant's own witness admitted that the tenant had not paid rent for over ten years. This is a clear case of willful default.
Procedural History
The landlord filed a suit for ejectment in the Court of Small Causes, Bombay, which was decreed on the ground of default. The tenant appealed to the Appellate Bench of the Small Causes Court, which reversed the decree. The landlord then filed the present writ petition in the High Court of Bombay.
Acts & Sections
- Bombay Rents, Hotel and Lodging House Rates Control Act, 1947: Section 12(3)(a)
