Case Note & Summary
The petitioner, Dattu Mahadu Labade, was a tenant in premises owned by the respondent, Rangnath Baburao Bodake (since deceased, represented by legal representatives). The respondent-landlord filed a suit for eviction on grounds of arrears of rent and nuisance. The trial court dismissed the suit, fixing standard rent at Rs.15/-. In appeal, the landlord did not press the ground of nuisance, and the tenant did not press the issue of standard rent. The only issue before the appellate court was whether the tenant was liable for eviction under Section 12(3)(a) of the Bombay Rent Act. The landlord's case was that the tenant was in arrears of rent for 30 months, and a demand notice under Section 12(2) was issued on 22.6.1981, served on 1.7.1981. The tenant neither replied nor paid the arrears within the stipulated time. The appellate court allowed the appeal, decreeing eviction and directing the tenant to deliver possession by 1st January, 1989, and to pay Rs.540.60 Ps. as arrears and costs. The tenant challenged this in the High Court. The High Court noted that the tenant did not dispute the receipt of notice or the arrears, but argued that the standard rent was only Rs.15/- and that he had paid rent at that rate. However, the court found that the tenant had not paid any rent for 30 months and failed to pay within one month of the notice. The court held that Section 12(3)(a) is a complete code for eviction on the ground of arrears of rent, and once the tenant fails to comply with the notice, the landlord is entitled to a decree. The court dismissed the petition, upholding the eviction order.
Headnote
A) Rent Control - Eviction for Arrears of Rent - Section 12(3)(a) of Bombay Rent Act - Tenant's Failure to Pay Within One Month - The tenant was in arrears of rent for 30 months and failed to pay within one month of receipt of demand notice under Section 12(2). The appellate court decreed eviction under Section 12(3)(a). The High Court held that once the tenant fails to comply with the notice, the landlord is entitled to a decree for eviction under Section 12(3)(a) and the tenant cannot claim protection. (Paras 1-5)
Issue of Consideration
Whether the tenant is entitled to protection against eviction under the Bombay Rent Act despite failure to pay arrears of rent within one month of demand notice under Section 12(2)?
Final Decision
The High Court dismissed the writ petition, upholding the appellate court's decree of eviction and order to deliver possession by 1st January, 1989, and to pay arrears of Rs.540.60 Ps. and costs.
Law Points
- Section 12(3)(a) of Bombay Rent Act is a complete code for eviction on ground of arrears of rent
- tenant must pay or tender rent within one month of notice
- failure results in forfeiture of protection
- standard rent fixation does not affect liability to pay admitted rent
