The first appellate Court, however, relied on the judgment reported in 2010 (3) Mh.L.J. 807 (Vinayak Narayan Deshpande and others. v.
Deelip Pralhad Sisode) to hold that the notice was bad-in-law and the suit was not maintainable. It is clear from the various decisions of this Court that the notice was not bad-in-law and it was open for the respondent-tenant to deposit the admitted arrears of rent. The tenant, having failed to deposit the admitted rent, was liable to hand over the possession of the property to the landlady under Section 15 of the Maharashtra Rent Control Act, 1999.
Bombay High Court
Smt.Fehameeda Begum vs Shri Abdul Hafiz on 11 February, 2013
Bench: V. A. Naik
Citation: 2013(4)ABR877, 2013(3)ALLMR257, 2013(3)BomCR877, 2013(2)MhLj524