Khubi Jal Writer vs Thelma P. Cherian
2023 Latest Caselaw 7225 Bom

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                                                          10 - CRA 143 OF 2022.doc


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
      CIVIL REVISION APPLICATION NO. 143 OF 2022
Khubi Jal Writer                     ..... Applicant

        VERSUS

Thelma P. Cherian                                     ..... Respondent

Mr. Vishal Kanade a/w. Ms.Priti S.Shah for the Revision Applicant.

Mr.Prosper D'souza for the Respondent.
                                       CORAM: ABHAY AHUJA, J.

DATE : 19th JULY, 2023

P.C:-

This revision application has been preferred by the landlord

being aggrieved by the order and judgment of the Appellate Bench of

the Small Causes Court at Mumbai dated 30 th November, 2021 in

Appeal No.517 of 2016 which was filed challenging the judgment and

decree dated 25th August, 2016 of the Trial Court in RAE & R Suit No.

849/1361 of 2011 whereby the Appellate Court confirmed the order of

the Trial Court dismissing the suit filed by the landlord for eviction of

the respondent tenant.

2. Mr.Kanade, learned counsel for the revision applicant draws the

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attention of this Court to page (191) of the application and submits that

despite admitting that the defendant did not deposit the rent amount as

claimed in the demand notice within 90 days from the service of the

suit summons upon her, the Appellate Bench has opined that this

failure on the part of the defendant could not be taken to forfeit her

tenancy right in the suit premises and inspite of the mandatory

provisions of section 15(3) of the Maharashtra Rent Control Act, 1999.

3. Learned counsel relies upon the decision of this Court in case of

Sriniwas Babulal vs. Ramakant Shivnarayan Jaiswal, 2011(2)

Bom.C.R. 370 where the Nagpur Bench of this Court considered the

provisions of section 12(3)(b) of the Bombay Rents, Hotel and Lodging

Houses Rates Control Act, 1947 ("earlier Act") which is pari materia

(except the rate of interest) to section 15(3) of the Maharashtra Rent

Control Act, 1999 where this Court after a detailed analysis has

observed that the section 12(3) of the earlier Act is mandatory and must

be strictly complied with and Court has no discretion to treat

manifestly irregular payments as substantial compliance.

4. Mr.D'souza, learned counsel for the respondent draws attention

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of this Court to paragraph (33) of the Trial Court order and would

submit that the notice given by the landlord had discrepancies as far as

the amount of arrears of rent was concerned and if the notice is

defective, then the claim of the landlord cannot be sustained under any

of the provisions of the Rent Control Act.

5. Having heard learned counsel and having perused the impugned

order, the following order is passed :-

(i) Admit.

(ii) Since the record and proceedings are already on

record, let the private paper-book be filed within a

period four weeks with a copy to the other side.

(iii) List for final hearing on 30th August, 2023 subject

to removal of all office objections.

[ABHAY AHUJA, J.]