Saturday, 8 September 2018

Whether provisions of maharashtra rent control Act is applicable to tenants of public undertaking?

 In the circumstances, we hold as follows:

(a) The provisions of the Maharastra Rent Control Act, 1999 with respect to fixation of Standard Rent for premises, and requiring the landlord not to cut off or withhold essential supply or service, and to restore the same when necessary, are not in conflict with or repugnant to any of the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

(b) The provisions of the Public Premises Act, 1971 shall govern the relationship between the public undertakings covered under the Act and their occupants to the extent they provide for eviction of unauthorised occupants from public premises, recovery of arrears of rent or damages for such unauthorised occupation, and other incidental matters specified under the Act.

(c) The provisions of the Maharashtra Rent Control Act, 1999 shall govern the relationship between the public undertakings and their occupants to the extent this Act covers the other aspects of the relationship between the landlord and tenants, not covered under the Public Premises Act, 1971.

(d) The application of Appellant and similar applications of the tenants for fixation of Standard Rent or for restoration of essential supplies and services when necessary, shall be maintainable under the Maharashtra Rent Control Act, 1999.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7171 /2010 (Arising out of Special Leave Petition (Civil) No. 34125 of 2009)

Decided On: 19.09.2011

Banatwala and Company Vs.  L.I.C of India 

Hon'ble Judges/Coram:
R.V. Raveendran and H.L. Gokhale, JJ.

Citation: (2011) 13 SCC 446
Read full judgment here: Click here


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