Case Note & Summary
The judgment concerns two connected proceedings: a Civil Revision Application filed by the landlords (Prakash G. Goyal and others) challenging the trial court's order dated 30/01/2017 which had granted leave to contest to the tenant (Sayyed Ayaz Ali) in an eviction suit, and a Writ Petition filed by the tenant challenging the same order insofar as it imposed a condition of depositing rent. The eviction suit was filed by the landlords under Section 13 of the Maharashtra Rent Control Act, 1999 on the ground of default in payment of rent. The tenant applied for leave to contest the suit. The trial court, by the impugned order, rejected the tenant's leave to contest application on the ground that the tenant had not deposited the rent as required under Section 13(4) of the Act. The landlords filed a revision against the order granting leave to contest, while the tenant filed a writ petition challenging the condition of deposit. The High Court, after hearing both sides, held that the requirement of depositing rent under Section 13(4) is mandatory and a condition precedent for obtaining leave to contest. Since the tenant failed to deposit the rent, the trial court rightly rejected the leave to contest application. The High Court further held that an order rejecting leave to contest is not appealable but is revisable under Section 13(5) of the Act, and that the revision was maintainable. The tenant's cross-objections under Order XLI Rule 22 CPC were dismissed as not maintainable in a revision. Consequently, the High Court dismissed the Civil Revision Application filed by the landlords and allowed the Writ Petition filed by the tenant, setting aside the condition of deposit imposed by the trial court. The trial court was directed to proceed with the eviction suit in accordance with law.
Headnote
A) Rent Control - Leave to Contest - Section 13(4) Maharashtra Rent Control Act, 1999 - Deposit of Rent - The tenant's application for leave to contest the eviction suit was rejected by the trial court on the ground that the tenant had not deposited the rent as required under Section 13(4) of the Act. The High Court held that the requirement of depositing rent under Section 13(4) is mandatory and a condition precedent for obtaining leave to contest. Since the tenant failed to deposit the rent, the trial court rightly rejected the leave to contest application. (Paras 5-10) B) Rent Control - Revision - Section 13(5) Maharashtra Rent Control Act, 1999 - Order Rejecting Leave to Contest - The High Court held that an order rejecting leave to contest under Section 13(3) is not appealable but is revisable under Section 13(5) of the Act. The revision application was maintainable. (Paras 11-12) C) Civil Procedure - Cross-Objections - Order XLI Rule 22 CPC - In a revision against rejection of leave to contest, the tenant cannot file cross-objections under Order XLI Rule 22 CPC as the revision is not an appeal. The tenant's cross-objections were dismissed as not maintainable. (Para 13) D) Rent Control - Eviction Suit - Summary Procedure - Section 13 Maharashtra Rent Control Act, 1999 - The summary procedure under Section 13 of the Act requires strict compliance with the deposit of rent condition. The tenant's failure to deposit rent results in automatic rejection of leave to contest and the landlord is entitled to a decree for eviction. (Paras 14-16)
Issue of Consideration
Whether the tenant's failure to deposit rent as required under Section 13(4) of the Maharashtra Rent Control Act, 1999 disentitles him from obtaining leave to contest the eviction suit, and whether the order rejecting leave to contest is appealable or revisable.
Final Decision
The High Court dismissed the Civil Revision Application filed by the landlords and allowed the Writ Petition filed by the tenant. The trial court's order rejecting leave to contest was upheld, but the condition of deposit imposed by the trial court was set aside. The trial court was directed to proceed with the eviction suit in accordance with law.
Law Points
- Maharashtra Rent Control Act
- 1999
- Section 13(4)
- Section 13(3)
- Section 13(5)
- Order XLI Rule 22 of CPC
- leave to contest
- deposit of rent
- eviction suit
- summary procedure
- revision
- writ petition
