Sunday, 19 January 2020

Bom HC: Court cannot declare more than one person as tenant U/S 5 (11) (c) of Bombay Rent Act

 In Vimalabai Keshav Gokhale vs. Avinash Krishnaji
Binjewale & ors (supra) contention of the respondents therein that
section 5 (11) (c) of the Bombay Rent Act would enable each and
every member of the tenant’s family to claim an independent right
in respect of the tenancy was rejected and it was held that any
member would mean ‘any one member.’
40. In Smt.Parvatibai w/o Bandu Marathe vs Smt Radhabai
Chaggan Bhadarkar decd by her legal heirs (supra), a learned Single
Judge of this Court held that it is only one member of the family who
can be recognized as a tenant by the Court and not all members
residing in the premises at the time of demise of the original tenant.
41. In Shamkant Tukaram Naik vs Dayanabai Shamsan
Dighodkar (supra) a learned Single Judge of this Court held that the
words “ any member of the tenant’s family residing with the tenant at
the time of his death” as used in section 5(11)(c) would not enable
each and every member of the tenant’s family to claim an
independent right in the tenancy, in respect of the tenanted premises.

It was held that ‘any member’ would mean only “one member”.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No. 2371 OF 1997

Vasant Sadashiv Joshi.  Vs  Yeshwant Shankar Barve

CORAM : G.S.Kulkarni, J.

DATE : 3 JANUARY, 2020
Read full judgment here: Click here

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