Case Note & Summary
The petitioner, Ajitnath Jain Shwetambar Mandir Trust Nagpur, a trust registered under the Bombay Public Trusts Act, 1950, filed Regular Civil Suit No.239 of 2005 for eviction of its tenant, Dnyaneshwar Gulabrao Kalamkar, from suit premises occupied by the tenant. The trust sought eviction on two grounds: that the tenant was in arrears of rent and that the trust required the premises for its own purposes. The trial court decreed the suit under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999, but did not permit eviction on the ground of arrears of rent. The tenant appealed under Section 34 of the Act before the District Judge-11, Nagpur, who allowed the appeal and dismissed the suit. The trust then filed the present writ petition under Article 227 of the Constitution challenging the appellate judgment. The High Court examined whether the appellate court's reversal of the trial court's decree was justified. The court noted that the appellate court had considered the evidence and found that the trust had not proved its reasonable and bona fide requirement of the premises. The High Court held that the appellate court's findings were based on proper appreciation of evidence and did not suffer from any perversity or error of law warranting interference under Article 227. The writ petition was dismissed, and the appellate court's judgment was upheld.
Headnote
A) Rent Control - Eviction - Bona Fide Requirement - Section 16(1)(g) Maharashtra Rent Control Act, 1999 - Landlord trust sought eviction of tenant claiming requirement of premises for trust purposes - Appellate court reversed trial court's decree holding that trust failed to prove reasonable and bona fide need - Held that the appellate court's finding was based on proper appreciation of evidence and did not warrant interference under Article 227 (Paras 2-6).
Issue of Consideration
Whether the appellate court was justified in reversing the trial court's decree of eviction under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999, on the ground that the landlord trust failed to prove its reasonable and bona fide requirement of the suit premises.
Final Decision
The High Court dismissed the writ petition, upholding the appellate court's judgment that reversed the trial court's decree of eviction.
Law Points
- Bona fide requirement
- Landlord-tenant
- Eviction
- Burden of proof
- Reasonable requirement
- Trust premises
Case Details
2014 LawText (BOM) (08) 118
WRIT PETITION NO. 1815 of 2013
Shri M.G. Sarda for petitioner, Shri H.D. Dangre with Shri A.N. Ansari for respondent
Ajitnath Jain Shwetambar Mandir Trust Nagpur, through its member/Managing trustee Shri Sunil Kumar Bimalchand Jain
Dnyaneshwar Gulabrao Kalamkar
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Nature of Litigation
Civil writ petition under Article 227 of the Constitution challenging appellate judgment in eviction suit under Maharashtra Rent Control Act.
Remedy Sought
Petitioner trust sought to quash the appellate court's judgment dismissing its eviction suit and restore the trial court's decree of eviction.
Filing Reason
The trust claimed that the appellate court erred in reversing the trial court's decree of eviction under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999.
Previous Decisions
Trial court decreed eviction under Section 16(1)(g); appellate court allowed tenant's appeal and dismissed the suit.
Issues
Whether the appellate court was justified in reversing the trial court's decree of eviction under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999.
Submissions/Arguments
Petitioner argued that the appellate court erred in reversing the trial court's decree.
Respondent supported the appellate court's judgment.
Ratio Decidendi
The appellate court's finding that the trust failed to prove its reasonable and bona fide requirement of the suit premises under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999, was based on proper appreciation of evidence and did not warrant interference under Article 227 of the Constitution.
Judgment Excerpts
The challenge in the present writ petition is to the judgment passed by the learned District Judge-11, Nagpur in an appeal filed under Section 34 of the Maharashtra Rent Control Act, 1999.
The trial Court after considering the material on record, decreed the suit under provisions of Section 16 (1)(g) of the said Act.
The appellate Court allowed the appeal and dismissed the suit.
Procedural History
The trust filed Regular Civil Suit No.239 of 2005 for eviction. Trial court decreed suit under Section 16(1)(g). Tenant appealed under Section 34 of the Act. Appellate court allowed appeal and dismissed suit. Trust filed writ petition under Article 227.
Acts & Sections
- Maharashtra Rent Control Act, 1999: 16(1)(g), 34
- Bombay Public Trusts Act, 1950:
