Case Note & Summary
The petitioner, a tenant, challenged the eviction decree passed under Section 15(3) of the Maharashtra Rent Control Act, 1999, as upheld by the first appellate court. The premises was a ground floor shop let out on monthly rent. The tenant claimed the rent was Rs. 500 per month, while the landlord claimed it was Rs. 5000 per month. The landlord issued a notice on 29.04.2008 demanding arrears from 01.07.2000 to 30.04.2008 at Rs. 5000 per month. The tenant replied that the rent was Rs. 500 per month and sent a cheque of Rs. 18,000 for arrears of three years at that rate. The landlord filed Civil Suit No. 250 of 2008 for eviction on grounds of arrears and bonafide need. During trial, the tenant admitted in cross-examination that the rent was Rs. 5000 per month. Consequently, the landlord filed an application under Order 15A Rule 1 CPC on 19.04.2010. The trial court directed the tenant to deposit arrears at Rs. 5000 per month, but the tenant failed to do so. The trial court passed a decree for eviction under Section 15(3) of the Act, which was confirmed by the appellate court. The High Court held that once the tenant admitted the rent, he was bound to deposit arrears at that rate. His failure to do so disentitled him from protection under Section 15(3). The petition was dismissed.
Headnote
A) Rent Control - Eviction for Non-Payment of Rent - Section 15(3) Maharashtra Rent Control Act, 1999 - Order 15A Rule 1 CPC - Tenant admitted rent at Rs. 5000 per month but deposited only Rs. 18,000 at Rs. 500 per month - Trial court passed decree for eviction under Section 15(3) for non-payment of arrears - Appellate court upheld decree - Held that once tenant admitted higher rent, failure to deposit arrears at that rate justified eviction (Paras 2-6).
Issue of Consideration
Whether the tenant is entitled to protection from eviction under Section 15(3) of the Maharashtra Rent Control Act, 1999, when he admitted the rent to be Rs. 5000 per month but failed to deposit the arrears as directed by the court.
Final Decision
Writ Petition dismissed. Eviction decree under Section 15(3) of Maharashtra Rent Control Act, 1999 upheld. No order as to costs.
Law Points
- Eviction for non-payment of rent
- Section 15(3) of Maharashtra Rent Control Act
- 1999
- Order 15A Rule 1 CPC
- Admission of rent
- Deposit of arrears
- Limitation for arrears
