Nilima W/O Sharad Mahajan Thr. P.O.A., ... vs Nisha Wd/O Suryaprakash Kewalramani ...
2023 Latest Caselaw 12060 Bom

Bombay High Court

Nilima W/O Sharad Mahajan Thr. P.O.A., ... vs Nisha Wd/O Suryaprakash Kewalramani ... on 4 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

  2023:BHC-NAG:16771
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                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                NAGPUR BENCH, NAGPUR.
                                            WRIT PETITION NO. 2641 OF 2023
                                        Nilima w/o Sharad Mahajan, thr.PoA Sharad Mahajan
                                                              -Vs.-
                                         Nisha wd/o Suryaprakash Kewalramani and others
                      ----------------------------------------------------------------------------------------------
                      Office notes, Office Memoranda of
                      Coram, appearances, Court's orders      Court's or Judge's Orders.
                      or directions and Registrar's orders.
                      ----------------------------------------------------------------------------------------------
                                              Mr.Adwait Manohar, counsel for the petitioner.
                                              Mr.K.H.Dodani, counsel for the respondents.


                                                                CORAM : AVINASH G. GHAROTE, J.

DATE : 4TH DECEMBER, 2023 The only reason why the revision has been allowed by the impugned judgment dated 24/03/2023 as is spelt out from para-9 is that there was a contract of rent between the parties and therefore section 8 of the Maharashtra Rent Control Act, 1999 is not attracted. A perusal of section 8 of the Act of 1999 does not indicate that its application is excluded in a case where there is a contract between the parties agreeing to the rent, it merely contemplates situation as provided in section 8(1)(a) to (d) which are not based upon any agreement between the parties.

2. In that view of the matter, the impugned judgment cannot be sustained and is hereby quashed and set aside and the matter is remitted back to the learned Revisional Court to consider and decide the revision application, in accordance with law. The petition is allowed in the above terms without any costs.

Signed by: Mr. G.S. Khunte                                                                 JUDGE
Designation: PS To Honourable Judge
Date: 05/12/2023 18:08:32
                        KHUNTE