Published On : Wed, Mar 25th, 2015

HC allows landlord’s plea affirming vacation order to tenant

Nagpur: Allowing the writ petition filed by Ajitkumar Mudholkar, a landlord and affirming the order passed by the Resident Deputy Collector and Competent Authority, Akola, directing the respondent-tenant Radhamohan Bajaj (90) to vacate the premises and to handover the possession of the same to the petitioner; Justice R K Deshpande, at the Nagpur bench of Bombay High Court here, has quashed and set aside the impugned order passed in revision by the Divisional Commissioner, Amravati, in June 25, 2014, under section 44 of the Maharashtra Rent Control Act and restored the order of the R.D.C.-cum- Competent Authority of March 8, 2013, in favour of the petitioner-landlord.

According to the court, an application under section 23 of the Maharashtra Rent Control Act was maintainable at the instance of the petitioner, who is a member of Armed Forces, in respect of the joint family property and the petitioner has established his bona fide requirement in respect of the suit property.

The court has stated that it has been consistent view taken by the High Court in the decision relied upon by the petitioner”s counsel, Sudheer Voditel that in absence of objection by the other co-owners, an application by one of the co-owners under section 13-A(1) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act is maintainable .

The provisions of section 23(1)(a)(i)of the Maharashtra Rent Control Act, 1999 is in pari-materia with the provisions of section 13-A(1) of the Bombay Rent Act. In view of this, the question is no longer in dispute legally (res integra)) and it has to be held that the application is maintainable. According to the court, an application under section 23 of the Maharashtra Rent Control Act was maintainable at the instance of the petitioner.