Sunday, 18 October 2015

Whether tenant can be evicted from tenanted premises on that ground that he made permanent construction without written consent of landlord?

Tenancy - Eviction - Construction without Permission - Section 16(1)(b) of Maharashtra Rent Control Act, 1999 - Whether petitioner-tenant is liable to be evicted from suit premises on account of construction having been made without written consent of respondent-landlord ? - Held, petitioner made construction without consent of respondent - Section 16(1)(b) of Act requires such consent in writing - Petitioner on his own made said construction in violation of building control rules and as result respondent received notice from Corporation for violation of those rules - Construction of mezzanine floor is obviously permanent structure - Therefore, case falls in petitioner was liable to be evicted

Equivalent Citation: 2008(5)MhLj955
W.P. No. 2821 of 2008
Decided On: 03.07.2008
Appellants: Ravindra D. Ahirkar
Respondent: Ravikishore S/o Ramkisanji Pashine and Anr.
Hon'ble Judges/Coram:
A.B. Chaudhari, J.
Read full judgment here;click here
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