A Suit for Eviction and Recovery of Possession

Updated at:March 2010
 
FREE EXCERPT

HIGHLIGHTS

The old Bombay Rents, Hotel and Lodging House Rates Control Act 1947 has been amended and replaced by the Maharashtra Rent Control Act 1999, and the relevant provisions with respect to the matters of Recovery

of Possession are as follows:

16. When landlord may recover possession -

(1) Notwithstanding anything contained in this Act but subject to the provisions of section 25, a landlord shall be entitled to recover possession of any premises, if the Court is satisfied -

(a) that the tenant has committed any act contrary to the provisionsof clause (o) of section 108 of the Transfer of Property Act1882;

Explanation - For the purposes of this clause, replacing of titles or closing of balcony of premises shall not be regarded as an act of causing damage to the building or destructive or permanently injurious thereto; or

(b) that the tenant has, without the landlord's consent given inwriting, erected on the premises any permanent structure;

Explanation - For the purposes of this clause, the expression "permanent structure" does not include the carrying out of any work with the permission, wherever necessary, of the municipal authority, for providing a wooden partition, standing cooking platform in kitchen, door, lattice work of opening of a window necessary for ventilation, a false ceiling, installation of air-conditioner, an exhaust outlet or a smoke chimney; or

(c) that the tenant, his agent, servant, persons inducted by the tenant or claiming under the tenant or, any person residing with the tenant has been guilty of conduct which is a nuisance or annoyance to the adjoining or neighbouring occupier, or has been convicted of using the premises or allowing the premises to be used for immoral or illegal purposes or that the

tenant has in respect of the premises been convicted of an offence of contravention of any of the provisions of clause (a) of sub-section 394 or of section 394A of the Mumbai Municipal Corporation Act 1888 or of sub-section (1) of section 376 or of section 376A of the Bombay Provincial Municipal Corporations Act 1949, or of section 229 of the City of Nagpur Municipal Corporation Act 1948, or of section 280 or of section 281 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act 1965; or

(d)that the tenant has given notice to quit and in consequence of that notice, the landlord has contracted to sell or let the premises or has taken any other steps as a result of which he would, in the...

To continue reading

REQUEST YOUR TRIAL