Case Note & Summary
The petitioner, a tenant in premises owned by the respondent, was served with a demand notice under Section 15(2) of the Maharashtra Rent Control Act, 1999 on 19/02/2008. The respondent filed a suit for eviction on 01/03/2008, before the expiry of the 90-day period stipulated under the Act. The trial court decreed the suit on grounds of arrears of rent and bonafide need. The appellate court reversed the finding on bonafide need but confirmed the arrears finding. The tenant filed a writ petition challenging the decree. The High Court considered the issue of whether the suit was premature. The petitioner argued that the suit was filed before the 90-day period expired, rendering the decree without jurisdiction, and that this defect was not curable. The respondent contended that the plea was not raised earlier. The High Court held that the requirement of 90 days is mandatory and jurisdictional; a suit filed before its expiry is not maintainable. The defect is not curable and can be raised at any stage. The court allowed the petition, set aside the eviction decree, and dismissed the suit as premature, leaving the respondent free to file a fresh suit after the notice period.
Headnote
A) Rent Control - Eviction Suit - Premature Filing - Section 15(2) Maharashtra Rent Control Act, 1999 - Suit for eviction on ground of arrears of rent filed before expiry of 90 days from service of demand notice is premature and without jurisdiction - The defect is not curable and goes to the root of the matter - Even if not raised earlier, such a legal plea can be raised at any stage including in writ petition (Paras 6-8).
Issue of Consideration
Whether a suit for eviction filed before the expiry of ninety days from service of demand notice under Section 15(2) of the Maharashtra Rent Control Act, 1999 is maintainable and whether the defect is curable.
Final Decision
Writ petition allowed. Impugned judgment and decree set aside. Suit for eviction dismissed as premature. Respondent at liberty to file fresh suit after expiry of notice period.
Law Points
- Suit for eviction on ground of arrears of rent cannot be filed before expiry of 90 days from service of demand notice under Section 15(2) of Maharashtra Rent Control Act
- 1999
- Defect of jurisdiction is not curable
- Legal plea regarding lack of jurisdiction can be raised for first time in writ petition
