Wednesday, 16 May 2018

MAHARASHTRA RENT CONTROL ACT- PART 2



S 17- Recovery of possession for repairs and re-entry.

S 18- If landlord has obtained eviction decree on ground of bonafide need and he fails to occupy the premises, then court shall order that tenant shall be put in possession.

Chapter 5
Special provisions for recovery of possession in certain cases.
S 23- Members of armed forces, Scientists or their successor in interest are entitled to recover possession of premises required for their occupation.

S 24 Landlord is entitled to recover possession of residential premises given on license on its expiry. Application is to be made before competent authority.
3) On expiry of license, licensee who does not deliver possession to landlord shall pay damages at double rate of license fee fixed under license agreement.


Chapter 6
S 25- Certain sub-tenants to become tenants on determination of tenancy.
1) Sub tenancy should be lawful permitted by contract between landlord and tenant.
2) Such sub tenant shall become tenant.

S 26- In absence of contract, tenant not to sublet or transfer or to give on license.

S 28 – Inspection of premises- The landlord shall be entitled to inspect the premises let or given on license at a reasonable time after giving prior notice to tenant.

S 29 – Landlord not to cut off or withheld essential supply or service.
Sub S 2- Tenant can make application to court if landlord has contravened the provision, to restore such supply or service.
Sub S 3 -Court can pass interim order of restoration of essential supply or service.
Sub S 4 – If Landlord fails to comply order of court ,Court can impose fine which may extend to Rupees one hundred per day's default.
Sub S 5- Landlord on conviction shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.
Sub S 6 -Explanation – Essential supply or service includes supply of water, electricity, lights in passage and on staircase, lifts and conservancy or sanitary service.
Sub S 7 -Tenants can get essential supply or service at his own costs.
Municipal authorities shall not insist for 'No objection certificate' by landlord.
S 30 – Conversion of residential in to commercial premises is prohibited.
Sub S 1- A landlord shall not use or permit to be used a residential premises for commercial purpose.
Sub S 2 – Any landlord who contravenes the provisions of sub s 1 shall on conviction be punished with imprisonment for a term which may extend to six months or fine which may extend to ten thousand rupees or with both.
S 31 Giving receipt for any amount received is compulsory.
1) written receipt is to be issued for any amount received by landlord from tenant.
2) Rent receipt is to be issued to legal heirs of deceased tenant without consideration.
3) If landlord fails to give written receipt, he shall on conviction be punished with fine which may extend to one thousand rupees for each day of default.
S 32 Recovery of rent shall be according to british calender.
Chapter 7
S 33- Jurisdiction of court
A) In Brihan mumbai, court of small causes.
B) Provincial small causes court Act,Small cause court situated in province.
C) Elsewhere court of civil judge(Junior Division). No court of civil judge(Junior Division), court of civil judge (senior Division) will have jurisdiction to try cases under this Act.
2) (a)District court can withdraw any suit from provincial small causes court and transfer it to court of civil judge senior division.
S 34- Appeal
1) (a) In Brihan mumbai from small cause court to bench of two judges of appellate court.
(b) Provincial small causes court, appeal from small cause to district court,
provided that no such appeal shall lie from,
a) if no appeal lies under CPC.
b) Rent recoverable or value of subject matter,
1) In Bombay does not exceed Rs. Ten Thousand.
2) Elsewhere amount up to which judge is invested with jurisdiction of court of small causes.
c) Order made in application for fixing standard rent or for determining the permitted increases in respect of any premises except in a suit or proceeding in which appeal lies.
d) An order made in an application made by a tenant for direction to restore any essential supply or service in respect of the premises let to them.
2) Every appeal under sub s 1 shall be made within thirty days from date of decree or order provided that in computing the period of limitation, provisions of S 4,5 and 12 of limitation Act shall apply.
3) No further appeal shall lie against any decision in appeal under Sub S.1.
4) Power of revision to appellate bench and district court.
Article 131 of limitation Act is applicable while preferring revision application. Limitation is ninety days as per Art 131 of limitation Act.
Revisional powers of appellate bench of small cause and district court are of greater amplitude than power of revision exercised by a court u/s 115 of CPC.
District court can call record for purpose of satisfying itself as to legality, regularity and propriety of such order as it thinks fit.
S 35- Saving of suit involving title-Nothing in S 33 and S 34 shall be deemed to bar a party to suit to file proceeding regarding question of title to premises.
S 36- compensation in respect of proceeding which are not bonafide or are false, frivolous or vexatious.
S 38 Time limit for disposal of suits,proceedings or appeals.
a) Suit is to be disposed off within twelve months from date of service of summons.
b) Appeal is to be disposed off within six months from service of summons.
S 39 to S 52- Procedure to be followed by competent authority.
Chapter 9
S 53 – Certain offences to be cognizable
Offence U/S 10 (rent in excess of standard rent is punishable) is non cognizable.
S 17,18,19,21,29,30 and 31 are cognizable and triable by Jmfc.
S 54 Offences by companies or other association of person or a firm -
Every director, manager, secretary, agent or other officer or person concerned with the management and every partner of firm shall unless he proves that offence was committed without his knowledge or consent be deemed to be guilty of such offence.

S 55 Tenancy agreement to be compulsorily registered.
2) Responsibility of getting such agreement registered shall be on landlord and in the absence of written registered agreement,contention of tenant about terms and conditions shall prevail unless proved otherwise.
3) Any landlord who contravenes provisions of this section shall on conviction be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both.

S 56 Right to tenant and landlord to receive lawful charges.
1) Tenant can receive any consideration as a condition of relinquishment or assignment of his tenancy of any premises.


2) Landlord can receive fine, premium or deposit or any consideration for grant or renewal of any lease of any premises or for giving his consent for transfer of lease to any other person.

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