Bombay High Court Allows Landlord's Petition in Eviction Case Under Bombay Rent Control Act — Bonafide Need Established. Appeal Court's Reversal of Eviction Order Set Aside as It Failed to Appreciate Scope of Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution
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Case Note & Summary

The petitioner, Smt. S.O. Suri alias Smt. S.S. Gharati, is the legal representative of the deceased landlord, Shri Om Prakash Suri. The landlord had instituted a suit for eviction of the respondent-tenant, M/s. Chemiequip Ltd., from Flat No.24, Radheshyam Cooperative Housing Society Ltd., O.T. Section, Ulhasnagar, on grounds including default in payment of rents and municipal taxes, non-user of the suit premises without reasonable cause, and bonafide requirement under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Trial Court (Civil Judge (J.D.) Ulhasnagar) vide judgment and order dated 30th April 1994 ordered eviction on the ground of bonafide requirement. The respondent-tenant appealed, and the Appeal Court (IInd Additional District Judge, Kalyan) vide judgment and order dated 18th February 1998 allowed the appeal and set aside the eviction order. The petitioner-landlord then filed the present writ petition challenging the Appeal Court's order. The High Court heard Mr. Vinod N. Tayade for the petitioner; the respondent was served but did not appear. The court found that the Appeal Court had failed to appreciate the scope and import of Section 13(1)(g) and thus warranted interference. The High Court allowed the petition, set aside the Appeal Court's order, and restored the Trial Court's eviction decree.

Headnote

A) Rent Control - Bonafide Requirement - Section 13(1)(g) Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Landlord sought eviction of tenant on ground of bonafide need for suit premises - Trial Court ordered eviction, Appeal Court reversed - High Court held that Appeal Court failed to appreciate scope of Section 13(1)(g) and set aside its order, restoring Trial Court's eviction decree - Held that landlord's bonafide need was established (Paras 1-6).

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Issue of Consideration

Whether the Appeal Court erred in reversing the Trial Court's eviction order on the ground of bonafide requirement under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

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Final Decision

The High Court allowed the writ petition, set aside the impugned judgment and order dated 18th February 1998 of the IInd Additional District Judge, Kalyan, and restored the judgment and order dated 30th April 1994 of the Civil Judge (J.D.) Ulhasnagar ordering eviction of the respondent-tenant.

Law Points

  • Bonafide requirement under Section 13(1)(g) of Bombay Rents
  • Hotel and Lodging House Rates Control Act
  • 1947
  • Eviction decree set aside by Appeal Court
  • Landlord's bonafide need for suit premises
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Case Details

2017 LawText (BOM) (06) 22

WRIT PETITION NO. 4752 OF 1998

2017-06-23

M. S. Sonak, J.

Mr. Vinod N. Tayade for the Petitioner; None present for the Respondent

Smt. S.O. Suri Alias Smt. S.S. Gharati (Legal Heir of deceased Om Prakash Suri)

M/s. Chemiequip Ltd.

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Nature of Litigation

Writ petition challenging appellate court's reversal of eviction order in a landlord-tenant dispute under the Bombay Rent Control Act.

Remedy Sought

Petitioner-landlord sought restoration of Trial Court's eviction order against the respondent-tenant.

Filing Reason

The Appeal Court set aside the Trial Court's eviction order, which the landlord challenged as erroneous.

Previous Decisions

Trial Court ordered eviction on ground of bonafide requirement under Section 13(1)(g) of the Rent Control Act; Appeal Court reversed and dismissed the eviction suit.

Issues

Whether the Appeal Court erred in reversing the Trial Court's eviction order on the ground of bonafide requirement under Section 13(1)(g) of the Bombay Rent Control Act.

Submissions/Arguments

Mr. Tayade submitted that the Appeal Court failed to appreciate the scope and import of Section 13(1)(g) of the Bombay Rent Control Act.

Ratio Decidendi

The Appeal Court failed to appreciate the scope and import of Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and therefore its order reversing the Trial Court's eviction decree was unsustainable.

Judgment Excerpts

The challenge in this petition is to the impugned judgment and order dated 18th February 1998 made by the IInd Additional District Judge, Kalyan (Appeal Court), reversing judgment and order dated 30th April 1994 made by Civil Judge (J.D.) Ulhasnagar (Trial Court) ordering eviction of the respondent from Flat No.24, Radheshyam Cooperative Housing Society Ltd., O.T. Section, Ulhasnagar421 003 (Suit premises). Mr.Tayade the learned counsel for the petitioner submits that the impugned judgment and order made by the Appeal Court warrants interference, because, the Appeal Court, has failed to appreciate scope and import of the provisions contained in Section 13(1)(g) of the Rent Control Act.

Procedural History

Landlord filed eviction suit; Trial Court ordered eviction on 30-04-1994; Tenant appealed; Appeal Court reversed on 18-02-1998; Landlord filed writ petition on 23-06-2017.

Acts & Sections

  • Bombay Rents, Hotel and Lodging House Rates Control Act, 1947: 13(1)(g)
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