Monday 16 November 2020

Questions and answers on rent law part 15

 Q.1:- Whether application for restoration of suit can be abated under O 22 R 3 of CPC?

Ans:- S141 of CPC- Miscellaneous proceedings.—The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any court of civil jurisdiction.

[Explanation.—In this section, the expression “proceedings” includes proceedings under Order IX, but does not include any proceeding under Article 226 of the Constitution.]

As per this section procedure provided for suit is applicable for all proceeding under civil procedure code. Hence in my opinion application for restoration of suit can be abated under O 22 R 3 of CPC.

Q.2:- Whether provisions of civil procedure Code is applicable to rent control proceeding in Maharashtra?

Ans:- S.37 of Maharashtra Rent control Act:  Procedure of courts.— The Courts specified in Sections 33 and 34 shall follow the prescribed procedure in trying and hearing suits, proceedings, applications and appeals and in executing orders made by them.

As per this section, provisions of Civil procedure code is applicable in rent control provision in Maharashtra.

Q.3:-How to determine standard rent of premises if premises is not protected by provisions of rent control Act?

Ans:- In my opinion concept of standard rent is applicable only to the premises protected under the provisions of Rent Control Act.

Q.4:-Licensee has vacated premises after overstay. As per terms of license agreement, licensee has to pay further compensation. whether suit to be filed in small cause court or city civil court Mumbai?

Ans:- In my opinion, Such a suit upon extinction of relationship of licensor & licensee would not be covered u/s 41 of the Presidency Small Cause Court Act. Hence suit will have to be filed in City Civil Court, Mumbai.

Q 5:-  What remedy is available against the order of rejection of plaint?

Ans:- Appeal is maintainable against order of rejection of plaint as it is decree as per S 2(2) of CPC.As per O 7 R 13 of CPC plaintiff can also file fresh suit in respect of same cause of action.

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