Questions and answers on rent law

1) What is difference between S 15(2) and S 15 (3) of Maharashtra rent control act?
Ans -1) As per S 15(2) No eviction suit is to be filed against tenant unless Demand notice is issued to him prior to filing of eviction suit  demanding arrears of rent. As per S 15 (3) no eviction decree should be passed by court if tenant deposits arrears of rent, interest,permitted increase and costs of suit within 90 days from date of receipt of summons and thereafter continue to deposit rent and permitted increases till disposal of suit.
2) S 15(2) is applicable at pre trial stage and S 15(3) is applicable after filing of eviction suit.

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When court should grant decree for eviction of tenant on ground of inadequate and delayed payment of arrears of rent?

A further indisputable position has emerged that after institution of the suit for eviction by the plaintiff, the defendant had faltered in complying with mandatory prescription stipulated under section 15 (3) of the Maharashtra Rent Control Act making deposit of arrears of rent along with interest within the period of ninety days from the date of service of suit summons and the arrears of rent were deposited with fifty three days delay, without interest @ 15% as required. Judgment in the case of "Vinayak Narayan Deshpande" (Supra) relied upon on behalf of the applicant, in paragraph No. 14 makes reference to that if the tenant chooses not to pay arrears of rent as required under section 15 (3) of the Maharashtra Rent Control Act, the landlord cannot be denied a decree for ejectment on the ground of default in making payment of rent, if he proves that the tenant is in arrears of rent.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

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

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Whether tenant is liable to be evicted if he fails to pay arrears of rent within ninety days from date of filing of suit?

It is further noted that after receipt of suit summons i.e. on 30/9/2007, the defendant has neither paid nor tendered in the Court, the arrears of rent with interest @ 15% p.a. within 90 days, as provided sec. 15 (3) of the Act. She has tendered only the arrears of rent after 143 days after receipt of suit summons. She has not tendered the interest @ 15% p.a. on the arrears of rent. Therefore, she is not entitled to get protection of sec. 15 (2) and (3) of the Act."

37. A further indisputable position has emerged that after institution of the suit for eviction by the plaintiff, the defendant had faltered in complying with mandatory prescription stipulated under section 15 (3) of the Maharashtra Rent Control Act making deposit of arrears of rent along with interest within the period of ninety days from the date of service of suit summons and the arrears of rent were deposited with fifty three days delay, without interest @ 15% as required. Judgment in the case of "Vinayak Narayan Deshpande" (Supra) relied upon on behalf of the applicant, in paragraph No. 14 makes reference to that if the tenant chooses not to pay arrears of rent as required under section 15 (3) of the Maharashtra Rent Control Act, the landlord cannot be denied a decree for ejectment on the ground of default in making payment of rent, if he proves that the tenant is in arrears of rent.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

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

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