Sunday, 10 December 2017

Whether defect in eviction notice is fatal to suit?

He submits that the gist of the notice is that the tenant had fallen in arrears and that he should make good by paying arrears of rent. He further points out that high court in aforesaid paragraph No. 6 reproduced has clearly considered, if notice seeks 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 requirement of the notice. He therefore, submits that as such, in the ground being taken that the notice is defective or illegal or for that matter fatal there is no water.
In respect of arguments advanced that notice by landlord being defective and illegal with reference to section 10 of the Maharashtra Rent Control Act, it appears to be a case wherein it cannot be said that the same would be rendered fatal in view of the decision of learned Single Judge in the case of "Fehameeda Begum" (Supra) which points out that the case of "Vinayak Narayan Deshpande" (Supra) being per incuriam, in the face of division bench judgment and the observations of the division bench coupled with the fact that the notice had been for arrears of rent along with compensation for the period which is contended to be in illegal occupation after the demise of original tenant Savitri. Contention now being pressed into service is a newfound objection only in the revision. It is not the case where it can be said that notice per se is either illegal or for that matter not in accordance with law.

Civil Revision Application No. 113 of 2016

Decided On: 23.03.2017

Shila Ramchandra Sachdeva Vs. Vinod Harchamal Santani

Hon'ble Judges/Coram:
S.P. Deshmukh, J.

Citation: 2017(6) MHLJ 396.
Read full judgment: Click here

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