1) Discuss the grounds under which the landlord is entitled to recover possession from
the tenant under Maharashtra rent control act,1999?
A landlord is not entitled to take back possession of any premises, as long as the tenant
pays or is ready and willing to pay.
Moreover, the landlord cannot file a suit for recovery for the rented premises on the
grounds of non-payment of rent, until the expiry of 90 days.
The 90-day period would start 15 days after the landlord has served a notice to the tenant
in this regard, as provided under Section 106 of the Transfer of Property Act, 1882.
Chapter IV of the Act deals with the recovery of possession.
Section 16 prescribes the occasions and the circumstances in which landlord
may recover the possession of any premises, such as :
a. damage to property,
b. erection of permanent structure,
c. Nuisance
d. quit notice issued by tenant
e. sub-letting,
f. tenant has ceased to be in service/employment of landlord
g. bona fide requirement of landlord ,
h. bona fide requirement for carrying out repairs,
i. demolition of premises for erecting new building,
j. requirement for construction on terrace,
k. demolition as ordered by municipal authority,
l. the permission for construction granted by municipal authority,
m. rent charged by tenant for area sub-let is in excess of standard rent,
n. non-user of premises for continuous period of 6
months preceding date of suit .
The tenant has committed any act that is contrary to the provisions of Section 108 of
the Transfer of Property Act, 1882.
The tenant has given his notice to quit the premises and consequently, the landlord
has contracted to sell the premises or let it out to another party.
The tenant is guilty of nuisance or annoyance to the adjoining or neighbouring
occupier, or is convicted of using the premises for illegal or immoral activities.
The tenant is guilty of unlawful sub-letting of the apartment.
The tenant has ceased to be in the employment of the landlord, based on which the
rented accommodation was provided.
The tenant has been convicted of an offence in respect of the premises, by not
abiding by the provisions under:
i. Section 394 and Section 394A of the Mumbai Municipal Corporation Act.
ii. Section 376 and Section 376A of the Bombay Provincial Municipal Corporations
Act, 1949.
iii. Section 229 of the City of Nagpur Municipal Corporation Act, 1948.
iv. Section 280 and Section 281 of the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965.
The premises are reasonably and bona fide required for occupation by the
landlord himself. This is also true for carrying out of repairs, which are not
possible without the premises being vacated and demolished. If a tenant fails to
comply with the order of eviction within 30 days of the date on which it has
become final, a competent authority may evict them using such force as may be
necessary.
The Explanation for clause (b) provides that the expression "permanent
structure" does not include the carrying out any work with the permission of the
municipal authority, wherever necessary, such as providing
(1) a wooden partition
(2) standing cooking platform in the kitchen
(3) door
(4) opening a window for ventilation
(5) a smoke chimney.
Initially the burden of proving an unlawful sub-tenancy or assignment lies on the
landlord. Once a landlord shows that a third person is in occupation and that the
tenant himself is not in the premises the burden of proving the nature of
occupation of third person shifts to the tenant.
The second important factor which may overwhelm a landlord in spite of the
fact that he proves his case under this clause is the question of greater hardship
to the tenant as provided for in sub- section (2).
The landlord can obtain the decree on the ground of personal occupation and he
can obtain decree under the other three clauses for repairs or reconstruction of
the premises. All these decrees can be passed for the personal benefit of the
landlord and not on account of breach of any of the provisions of tenancy under
the contract or in law.
The former type of decree being personal it cannot be allowed to be
assigned.
Section 23 of the act provides special provision for recovery of possession of the
tenanted premises to the member of armed forces of the Union, Scientists or
their successor-in-interest entitled to recover the possession of the premises for
their occupation.
Section 24 provides for recovery of possession by the landlord of premises on
expiry of licence period. On failure of the licensee to so deliver the possession,the
landlord can make an application to the competent authority . The authority , on
being satisfied about expiry of period of license, shall pass an order for eviction of
licensee.
As per Section 25, when the interest of the tenant is determined for any reason,
any sub tenant to whom the premises have been lawfully sub-let and such
sub-tenancy is subsisting on the date of commencement of this Act or where the
sub-tenancy is permitted by contract between the landlord and tenant, such sub-
tenant shall, subject to the provisions of this Act, be deemed to become the
tenant of his landlord.
However, as per Section 26, in absence of any contract, it shall not be lawful for
any tenant to sub-let or give on licence the whole or any part of the premises let
to him or to assign or transfer in any other manner.
Section 28 of the Act deals with right of landlord to inspect the premises let or
given on licence, at a reasonable time after giving prior notice to the tenant,
licensee or occupier.
Whereas, there is restriction on landlord in view of Section 29 of the Act not to
cut-off or withhold any essential supply or services of the tenanted premises.
As per Section 31, it is mandatory for the landlord to issue receipt for any
amount received in respect of the premises.
As per Section 33 of the Act, in Brihan Mumbai, the Court of Small Causes
Mumbai, and in any area for which a Small Causes Court is established under the
Provincial Small Causes Courts Act, 1897, such court shall have jurisdiction to
entertain any suit proceeding or application or to deal with such claim or question
and elsewhere, the Court of Civil Judge (Jr.Dn.) having jurisdiction in the area in
which the premises are situate or, if there is no such Civil Judge, the court of Civil
Judge (Sr.Dn.) having ordinary jurisdiction, shall have jurisdiction to entertain and
try any suit or proceeding between a landlord or tenant relating to the recovery
of rent or possession of any premises and to decide any application under this
Act.
Dispute resolution
The Court of Small Causes and the court of the Civil Judge, have jurisdiction over rent
dispute cases. While cases shall be heard and disposed of as expeditiously as possible by
the courts, says the Act, adding that ‘Endeavour shall be made to dispose of the case within
a period of 12 months from the date of service of summons’.
Maharashtra Rent Control Act: Rules to follow for rebuilding
Mentioned are following rules a landlord has to follow before proceeding with rebuilding.
Have enough money so that the rebuilding process gets completed.
There should be atleast same number of units in the rebuilding project as was
existing in the old one.
The blueprint should be approved by the local body.
The time taken to demolish old building should be three months and time taken to
complete rebuilding should be 15 months.
Carpet area should be at least same as old building.
If the carpet area is same, old tenants should be given preference for the rebuilt
property.
