Ashok Kumar Shrivastav vs Shambulal Ayodhyaprasad ...
2022 Latest Caselaw 7645 Bom

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                                                            8.WP.8369.2021 .doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO.8369 OF 2021

Ashok Kumar Shrivastav                               ... Petitioner
          Versus
Shambulal Ayodhyaprasad Shrivastava & Ors.           ... Respondents

Mr. B. S. Nayak for the Petitioner.
Ms. Minal J. Chandnani for the Respondent.


                              CORAM : NITIN W. SAMBRE, J.

DATED : 4th AUGUST, 2022 P.C.:

1. Heard.

2. By inviting attention of this Court to the provisions of section

28 of the Small Causes Courts Act, learned counsel for the

petitioner i.e. defendant no. 2 to the Civil Suit being RAD Suit No.

1045 of 2005 would urge that in absence of provisions expressed

to that effect i.e. the nature of reliefs granted by the Small Causes

Court under the provisions of Maharashtra Rent Control Act, 1999

the judgment and decree becomes without jurisdiction.

3. So as to substantiate his claim, he would urge that the suit

claim is based on the contentions of the respondents/plaintiffs that

the tenancy was in his name whereas the defendant nos. 1 & 3

has transfer the tenancy in the name of the present petitioner i.e.

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8.WP.8369.2021 .doc

defendant no. 2.

4. The petitioner contentions was inter se between the plaintiff

and defendant no. 2 i.e. the present petitioner a family

arrangement was entered into on 09/05/2001 at Exhibit-73.

5. As a consequences, the affidavit and bond were executed on

23/04/2003 which led to the transfer of the rent receipts in the

name of the Petitioner instead of his father i.e. respondent no. 1

herein.

6. I have appreciated the said submissions.

7. The section 31 of the Maharashtra Rent Control Act cast a

duty on the landlord to issue rent receipts free of costs in favour of

the tenant the moment he acknowledges the receipt of the rent.

The issuance of the such rent receipt by the landlord is

compulsory.

8. However, the nature of relief claimed in the suit and as

granted vide impugned judgment ought to have stayed out from

the provisions of the Act or the provisions of Small Causes Court

Act.

9. The counsel for the respondent seeks time to respond to the

same.

10. Stand over to 19/08/2022.

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11. Ad-interim relief to continue subject to the petitioner

depositing the entire arrears of rent in this Court in any case by

12/08/2022.

                                                                (NITIN W. SAMBRE, J.)
          Digitally signed by
ANANT     ANANT KRISHNA
KRISHNA   NAIK
          Date: 2022.08.06
NAIK      13:13:09 +0530




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