The learned Counsel for the tenants/defendants mainly harped on the conditions in Section 16(6) of the Maharashtra Rent Control Act, which are required to be complied with by the landlord strictly. The learned Counsel contended that as per the condition (a), no decree for eviction shall be passed unless the Court is satisfied that the necessary funds for the purpose of the erection of new building are available with the landlord. The Courts below have noted that as per the oral evidence on record, two sons and other family members of the plaintiff had actually an amount of Rs. 6 lakh in their bank accounts when the suit was filed. Besides that the Yogiraj Sahakari Patsanstha had given letters Exhibits 45 and 46 that the society had decided to give financial assistance of Rs. 25 lakh to each of the plaintiffs namely, Pandharinath and Vithal, who are the two sons of the original landlord. It shows that besides cash of Rs. 6 lakh with them, the plaintiffs had assurance of financial assistance of Rs. 50 lakh from the co-operative society. As per the estimate submitted by the plaintiff, cost of construction of tenements for the tenants admeasuring 1250 sq.ft. will be Rs. 11,50,000/- and for remaining construction cost is Rs. 33 lakhs. Taking into consideration the estimated cost, the plaintiffs have made sufficient arrangement for meeting the cost of construction. The learned Counsel for the tenants vehemently contended that as per the Clause (a) of Sub-section (6), the funds should be actually available with the landlord. I am unable to accept this contention. The words "necessary funds are available" only mean that the landlord should be in a position to arrange funds for the purpose of demolition of old structure and construction of new building as per the plan within stipulated period of fifteen months. It is not necessary that all the funds should be available with landlord in hard cash and he should be in a position to show that amount to the Court at the time of trial. Nowadays large projects for construction of buildings as well as industries are taken up with assurance of financial aid or assistance from the financial institutions or banks. Therefore, I find no substance in this contention of the learned Counsel for the tenants.
IN THE HIGH COURT OF BOMBAY
Civil Rev. Appln. Nos. 564, 565, 573 and 574 of 2007
Decided On: 13.12.2007
Kisan Vanaji Satpure Vs. Baburao Jakhuji Wakankar and Ors.
Hon'ble Judges/Coram:
J.H. Bhatia, J.
Citation: 2008(2) Bom CR 126
