Thursday 4 May 2017

Whether notice U/S 15 of Maharashtra rent control Act demanding higher rent is valid?

 It was held by
the Division Bench of this Court in the judgment reported in  1983
Mh.L.J.   254   (Chhaganlal   Mulchand   Jain   v.   Narayan   Jagannath
Bangh)  that a notice seeking arrears of rent should not be construed
strictly and if the notice seeks an amount higher than the admitted rent,
it would be open to the tenant to send such amount as according to him
is due subject to the liability that if ultimately a larger amount is found
to be due, he could not be said to have complied with the requirements
of the notice. A similar view was expressed in the judgment reported in
1998 (3) Mh.L.J. 237 (Lalji Lachhandas v. Amiruddin Amanulla and

another) wherein this Court has held that the notice of demand by a
landlord seeking arrears of rent at the rate of Rs.13.56 per month as
against the standard rent at the rate of Rs.12.00 per month was not
bad­in­law and the tenant had an option to pay the undisputed amount
at the rate of Rs.12.00 per month and raise a dispute as regards the
claim   made   by   the   landlord.   Admittedly,   in   the   instant   case   the
respondent­tenant had not paid the arrears of rent at the rate of rupees
two hundred per month within a period of ninety days from the receipt
of the notice.   So also, the tenant had admittedly not deposited the
arrears of rent at the rate of rupees two hundred per month within
ninety days from the receipt of the suit summons in the trial Court. The
trial Court, therefore, rightly held that the landlady was entitled to
possession under Section 15 of the Maharashtra Rent Control Act, 1999.
The first appellate Court, however, relied on the judgment reported in
2010 (3) Mh.L.J. 807 (Vinayak Narayan Deshpande and others. v.
Deelip Pralhad Sisode) to hold that the notice was bad­in­law and the
suit was not maintainable. It is clear from the various decisions of this
Court   that   the   notice   was   not   bad­in­law   and   it   was   open   for   the
respondent­tenant to deposit the admitted arrears of rent.  The tenant,
having failed to deposit the admitted rent, was liable to hand over the
possession of the property to the landlady under Section 15 of the
Maharashtra Rent Control Act, 1999.  
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4253/2012
Smt.Fehameeda Shri Abdul Hafiz 
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
      CORAM : SMT. VASANTI A. NAIK, J.
      DATED  : 11.02.2013



Rule.   Rule made returnable forthwith.   The petition is heard
finally with the consent of the learned counsel for the parties. 
The only issue that arises for determination in this petition is
whether a notice under Section 15 of the Maharashtra Rent Control
Act,   1999,   demanding   a   higher   rent   than   the   rent   agreed   between
the landlord and the tenant is bad­in­law or whether the notice would
be   valid   and   the   tenant   would   be   required   to   pay   the   arrears   of

admitted rent within a period of ninety days from the receipt of the
notice and/or within a period of ninety days from the receipt of the suit
summons. 
The petitioner is the landlady.  The petitioner had issued a notice
under Section 15 of the Maharashtra Rent Control Act, 1999 to the
respondent seeking the arrears of rent for the period from 01/11/2002
till 31/10/2005 at the rate of rupees four hundred and fifty per month.
In spite of the service of the notice, the respondent­tenant did not pay
the rent. A suit was, therefore, instituted by the landlady against the
tenant seeking recovery of possession under Sections 15 and 16(1)(g)
of the Maharashtra Rent Control Act, 1999.  The trial Court decreed the
suit   of   the   landlady  and   directed   the   respondent   to   hand   over   the
possession under the provisions of Section 15 thereof.  The trial Court
rejected the claim of the landlady for possession of the property under
Section   16(1)(g)   of   the   Maharashtra   Rent   Control   Act,   1999.     The
respondent­tenant   filed   an   appeal   against   the   judgment   and   decree
passed by the trial Court. A cross appeal was filed by the landlady
seeking   possession   of   the   property   under   Section   16(1)(g)   of   the
Maharashtra   Rent   Control   Act,   1999.   The   appeal   filed   by   the
respondent­tenant was allowed by the first appellate Court.  It was held
by the first appellate Court that the notice issued by the landlady under
Section 15 of the Act of 1999 was bad­in­law inasmuch as the landlady
had sought the rent at the rate of rupees four hundred and fifty per
month when the admitted rent between the parties was rupees two

hundred per month only. The petitioner has challenged the impugned
judgment dated 22/03/2012 in the instant petition. 
Shri Dhoble, the learned counsel for the petitioner, submitted
that the first appellate Court was not justified in reversing the decree
passed by the trial Court and holding that the notice under Section 15
of the Maharashtra Rent Control Act, 1999 was bad­in­law.  The learned
counsel   relied   on   the   judgments   reported   in  1983   Mh.L.J.   254
(Chhaganlal Mulchand Jain v. Narayan Jagannath Bangh), 1998 (3)
Mh.L.J.   237   (Lalji   Lachhamdas   v.   Amiruddin   Amanulla   and
another) and  2011 (2) Mh.L.J. 156 (Shriniwas Babulal v. Ramakant
s/o Shivnarayan Jaiswal) to substantiate his submission that the notice
would not be bad­in­law and the respondent­tenant had an option to
pay the arrears of admitted rent at the rate of rupees two hundred per
month   within   a   period   of   ninety  days   from   the   receipt   of  the   suit
summons. According to the learned counsel, even the admitted rent
was not paid by the tenant within a period of ninety days from the
receipt of the notice under Section 15 of the Act of 1999 or within
ninety days from the receipt of the suit summons. It is submitted that
the  first  appellate  Court  erroneously  relied   on   the   judgment  of  the
learned Single Judge of this Court, reported in 2010 (3) Mh.L.J. 807
(Vinayak Narayan Deshpande and others. v. Deelip Pralhad Sisode)
to answer the issue in regard to the validity of notice in favour of the
tenant, without considering the other decisions which were holding the
field. 

Shri Khati, the learned counsel for the respondent, supported
the judgment passed by the first appellate Court and submitted that
the first appellate Court rightly considered the judgment reported in
2010 (3) Mh.L.J. 807 (Vinayak Narayan Deshpande and others. v.
Deelip Pralhad Sisode)  to hold that the notice of demand was not
issued   in   accordance   with   law   and   the   suit   seeking   a   decree   of
recovery  of   possession   on   the   ground   of   non   payment   of   rent   was
not maintainable on the basis of such a notice.   It is submitted that
in   any   case   the   tenant   has   deposited   a   sum   of   rupees   twenty
three thousand nine hundred and thirty five in the trial Court even
though the tenant is liable to pay only a sum of rupees twenty three
thousand till this date.  The learned counsel sought for the dismissal of
the writ petition. 
On hearing the learned counsel for the parties and on a perusal
of   the   judgments   referred   herein   above,   it   appears   that   the   first
appellate Court was not justified in reversing the decree passed by the
trial Court in favour of the landlady.  The first appellate Court was not
justified in holding that the notice issued by the landlady under Section
15 of the Maharashtra Rent Control Act, 1999 was bad in law as the
landlady claimed the arrears of rent at the rate of rupees four hundred
and fifty per month instead of seeking the rent at the rate of rupees two
hundred   per   month,   which   was   admitted.   The   first   appellate   Court
while   relying   on   the   judgment   reported   in  2010   (3)   Mh.L.J.   807
(Vinayak Narayan Deshpande and others. v. Deelip Pralhad Sisode),

failed to consider the subsequent judgment of this Court reported in
2011   (2)   Mh.L.J.   156   (Sriniwas   Babulal   v.   Ramakant   s/o
Shivnarayan Jaiswal)  which in turn had referred to the judgments
reported   in  1983   Mh.L.J.   254   (Chhaganlal   Mulchand   Jain   v.
Narayan   Jagannath   Bangh)  and  1998   (3)   Mh.L.J.   237   (Lalji
Lachhamdas v. Amiruddin Amanulla and another).   It appears that
when the learned Single Judge was considering the question of validity
of the notice under Section 15 of the Maharashtra Rent Control Act,
1999 in the judgment reported in  2010 (3) Mh.L.J. 807 (Vinayak
Narayan   Deshpande   and   others.   v.   Deelip   Pralhad   Sisode),   the
judgment   of   the   Division   Bench   reported   in  1983   Mh.L.J.   254
(Chhaganlal Mulchand Jain v. Narayan Jagannath Bangh)  and the
judgment of the learned Single Judge reported in  1998 (3) Mh.L.J.
237 (Lalji Lachhamdas v. Amiruddin Amanulla and another)  were
not brought to the notice of the learned Single Judge.  It was held by
the Division Bench of this Court in the judgment reported in  1983
Mh.L.J.   254   (Chhaganlal   Mulchand   Jain   v.   Narayan   Jagannath
Bangh)  that a notice seeking arrears of rent should not be construed
strictly and if the notice seeks an amount higher than the admitted rent,
it would be open to the tenant to send such amount as according to him
is due subject to the liability that if ultimately a larger amount is found
to be due, he could not be said to have complied with the requirements
of the notice. A similar view was expressed in the judgment reported in
1998 (3) Mh.L.J. 237 (Lalji Lachhandas v. Amiruddin Amanulla and

another) wherein this Court has held that the notice of demand by a
landlord seeking arrears of rent at the rate of Rs.13.56 per month as
against the standard rent at the rate of Rs.12.00 per month was not
bad­in­law and the tenant had an option to pay the undisputed amount
at the rate of Rs.12.00 per month and raise a dispute as regards the
claim   made   by   the   landlord.   Admittedly,   in   the   instant   case   the
respondent­tenant had not paid the arrears of rent at the rate of rupees
two hundred per month within a period of ninety days from the receipt
of the notice.   So also, the tenant had admittedly not deposited the
arrears of rent at the rate of rupees two hundred per month within
ninety days from the receipt of the suit summons in the trial Court. The
trial Court, therefore, rightly held that the landlady was entitled to
possession under Section 15 of the Maharashtra Rent Control Act, 1999.
The first appellate Court, however, relied on the judgment reported in
2010 (3) Mh.L.J. 807 (Vinayak Narayan Deshpande and others. v.
Deelip Pralhad Sisode) to hold that the notice was bad­in­law and the
suit was not maintainable. It is clear from the various decisions of this
Court   that   the   notice   was   not   bad­in­law   and   it   was   open   for   the
respondent­tenant to deposit the admitted arrears of rent.  The tenant,
having failed to deposit the admitted rent, was liable to hand over the
possession of the property to the landlady under Section 15 of the
Maharashtra Rent Control Act, 1999.  
Hence, for the reasons aforesaid, the writ petition is allowed.
The impugned judgment is quashed and set aside. The judgment passed

by the trial court on 18/08/2010 stands confirmed.  
Rule is made absolute in the aforesaid terms with no order as to
costs. 
An oral request made by the learned counsel for the respondent
for staying the judgment for a period of six weeks, though opposed by
the counsel for the petitioner, is granted.  The stay would automatically
stand vacated after the expiry of the period of six weeks. 

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