Saturday, 14 December 2019

Which is material date for ascertaining whether suit property is Premises for the purpose of Maharashtra rent control Act?

 Which is the material date for ascertaining, whether the suit property is 'Premises' for the purpose of Section 6 of the Bombay Rent Control Act, i.e. whether the date of letting or the date on which right conferred by the said Act is sought to be exercised, was the question before the Constitution Bench of the Apex Court in the case of Nalanikant Ramadas Gujjar v. Tulasibai (Dead) by Lrs. And Others MANU/SC/0111/1997 : AIR 1997 SC 404.

In the case of Mst. Subhadra v. Narsaji Chenaji Marwadi MANU/SC/0287/1961 : AIR 1966 Supreme Court 806, it was held that material date for ascertaining whether the plot is 'Premises' for the purpose of Section 6 is the date of letting and not the date on which application for fixation of standard rent was made by the tenant or the landlord.

However, in the case of Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman and Ors. MANU/SC/0531/1970 : AIR 1970 SC 1475, the Apex Court held that, 'whether the provisions of Bombay Rent Control Act shall be applicable or not, the crucial date for ascertaining the nature of the use of the land in question shall be the date when the rights under the aforesaid Act are to be exercised.'

The Constitution Bench has agreed with the views expressed in the case of Vasudev Modi (Supra) and therefore, material date for ascertaining whether suit property is 'Premises' is the date on which right conferred by the Act is sought to be exercised.

IN THE HIGH COURT OF BOMBAY

Second Appeal No. 638 of 2014

Decided On: 03.05.2019

 Narendra Harilal Jethwa  Vs.  Bholadasji Mandir 


Hon'ble Judges/Coram:
Sandeep K. Shinde, J.

Citation: 2019(6) MHLJ 885.
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