Shri. Ramchandra Ganpat ... vs Shri. Bharat Krishna Patil
2022 Latest Caselaw 11337 Bom

                                   1/2
                                                        3.CRA.358.2018(V).doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              APPELLATE SIDE CIVIL JURISDICTION

          CIVIL REVISION APPLICATION NO.358 OF 2018

Jayshri Ramesh Jadhav                               ..Applicant
     Versus
Bharat Krishna Patil                               ..Respondent

Mr. Keshav Borhade i/b. Shelke & Co. for the applicant.
Mr. Kunal Bhanage for the Respondent


                             CORAM : NITIN W. SAMBRE, J.

DATED : 09th NOVEMBER, 2022 P.C.:

1. This revision is by the plaintiff in RAE & R suit no. 145/2086

of 2009.

2. Alleging that the respondent/defendant has failed to clear

the arrears of rent for a period from January, 2008 to February,

2009 the suit was initiated which was decreed vide judgment and

order dated 30/04/2012 passed by the Judge of Small Causes

Court.

3. The Appellate Bench of Small Causes Court in Appeal No. 15

of 2012 reversed the said findings, as such this revision.

4. After hearing the respective counsels for sometime, it is

noticed that the suit claim was persuaded under provisions of

section 108 of Transfer of Property Act r/w section 15 of the

akn 1/2

3.CRA.358.2018(V).doc

Maharashtra Rent Control Act.

5. The Small Causes Court has held that the applicant is

entitled for possession of the suit premises on the ground that the

respondent has failed to deposit an amount of rent in the Court

even if the money order sent was refused by the applicant.

Whereas the Appellate Court has held that the

respondent/defendant was regularly paying the rent, which was

also sent by money order Exhibit-31.

6. As such, the issue which warrants consideration is, whether

the respondent/tenant has conducted himself in compliance with

the requirements under sub-sections 2 & 3 of section 15 of the

Maharashtra Rent Control Act, 1999 as regards arrears of rent to

be offered / deposited in the Court within a statutory period.

7. Hence, Admit.

8. Mr. Kunal Bhanage, learned counsel waives notice on behalf

of the respondent.

9. The matter to come up for further consideration on

16/11/2022 so as to enable learned counsel for respondent to

make statement on issue of deposit.

                                 (NITIN W. SAMBRE, J.)

akn                                2/2