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Maharashtra Rent Control Act, 1999

67 judgments · newest first · showing 1–67

SEEMA AMBADAS HUNDEKAR ALIAS MRS. SEEMA RAJU GUNJALversusMEHMOOD MEHENDI KHAN

Disposed Off

The respondent filed a suit in the Small Causes Court, Pune, under Section 15(1) of the Maharashtra Rent Control Act, 1999, claiming unlawful eviction from a property. The applicant, who claimed to have transferred possession to the respondent via leave‑and‑license agreements, moved a pre‑suit …

SMT. MARY SANTAN D'SOUZA AND ANRversusKOSUBAI MARYAN LOPES

Dismissed

The heirs of the original defendant filed a civil revision to challenge two eviction decrees based on default under the Maharashtra Rent Control Act. A demand notice dated 26 March 2002 sought arrears of rent from 1987 to 2002, and the suit was filed in December 2002. The defendant claimed to have …

MEENU NAVINCHANDRA MANOCHAversusMERCY JOSE POA HOLDER JOEM JOSE AND ORS

Dismissed

The petitioner, Meenu Navinchandra Manocha, occupied a flat in Mumbai under two successive leave‑and‑license agreements, each at a monthly fee of Rs.45,000. After the second agreement expired, she remained in possession, claiming a verbal extension and a settlement for her security deposit. …

SHAIKH ISMAIL MOHAMMEDversusSHREE THIRTHANKAR COMPANY AND ANR

Dismissed

The petition was filed by the original defendant challenging the orders of the executing court that dismissed his objection to the execution of an eviction decree. The petitioner argued that the conveyance deed in favour of the plaintiff was unregistered at the time the suit was filed, contending …

BANK OF MAHARASHTRAversusMRS. GUNWANTI KASHINATH ZARKAR AND ORS

Disposed Off

The Bank of Maharashtra, a nationalised bank, owned a chawl that it redeveloped into a new building and entered into tenancy agreements with the former tenants, Arjun Satardekar and Janabai Raut. After the tenants' deaths, the bank served notices under Section 106 of the Transfer of Property Act …

BANK OF MAHARASHTRAversusSHRI. A. B. SATARDEKAR AND ORS

Disposed Off

The Bank of Maharashtra, a nationalised bank, owned a chawl that it redeveloped into a new building and entered into tenancy agreements with the former tenants, Arjun Satardekar and Janabai Raut. After the tenants' deaths, the bank served notices under Section 106 of the Transfer of Property Act …

SHEHNAZ SHAFIQUE SHAIKH AND ORS.versusANEES AHMED KHAN AND ANR.

Disposed Off

The applicants, Shehnaz Shafique Shaikh and others, filed a civil revision seeking relief against the respondents, Anees Ahmed Khan and another, concerning rent arrears under the Maharashtra Rent Control Act. The respondents moved an interim application (No. 9719 of 2025) seeking to compel the …

NAVINA DINESH SHETTYversusSHAIKH AYUB REHMAN and ANR.

Disposed Off

The petitioner, Navina Dinesh Shetty, challenged a 2003 appellate decree that reversed a trial court's finding that she was a tenant of a commercial shop and instead held her to be a mere licensee, ordering her to vacate and pay Rs.2,000 per month. The core issue was whether the caretaker agreements …

MR SUDHAKAR ATMARAM PATILversusMR ASHOK PRABHAKAR MASTAKAR AND ANR

Dismissed

The original tenant filed a civil revision seeking to set aside eviction decrees on the grounds of alleged default in rent payment and alleged permanent alterations made without the landlord's consent. The tenant claimed he deposited the arrears after the deadline granted by the trial court and that …

HARAKCHAND RAVJI SHAH AND OTHERSversusCHANDRAKANT KANTILAL BOTADKAR AND OTHERS

Allowed

The applicants filed a suit in 2015 for specific performance of a 2002 Memorandum of Understanding with the landlords (respondents 1‑3). In 2022 the landlords filed eight eviction suits in the Small Causes Court, Mumbai, under the Maharashtra Rent Control Act. The applicants sought, under Section 24 …

URMILA PRAVIN MORABIAversusCHANDRAKANT K BOTADKAR

Allowed

The applicants filed a suit in 2015 for specific performance of a 2002 Memorandum of Understanding with the landlords (respondents 1‑3). In 2022 the landlords filed eight eviction suits in the Small Causes Court, Mumbai, under the Maharashtra Rent Control Act. The applicants sought, under Section 24 …

DOMINIC/ KISAN WARWALE AND ANRversusGEETA SHASHIDHAR KARKERA (UCHIL)

Disposed Off

The petition concerns a dispute over ownership and possession of a premises where the petitioner claims original ownership, while Respondent No.1 asserts rights based on a sale agreement dated 22 June 2004. Respondent filed an eviction application under Section 24 of the Maharashtra Rent Control …

YOGESH SHIVAJI AVHADversusRAVINDRAKUMAR SITARAM GOTARKAR AND ORS

Dismissed

The petitioner, Yogesh Shivaji Avhad, was licensed to occupy premises under a Leave and License Agreement that expired on 9 December 2022. He claimed an oral agreement to purchase the premises for Rs 1.75 crore, having paid Rs 15 lakhs as earnest money, and asserted that he remained in possession as …

SITALAXMI KRISHNA KANCHAN AND ORSversusSANJAY YASHWANT MHATRE

Dismissed

The petitioners filed a writ petition challenging the maintainability of an eviction suit filed by the respondent under the Maharashtra Rent Control Act, 1999, alleging that they were not recognized as tenants. The petitioners argued that the plaintiff had not acknowledged their tenancy, rendering …

MOHAMMED ALI RAJABALLY YUSUFALLYversusATEEQ ANWAR AGBOATWALA AND ORS

Dismissed

The applicant Mohammed Ali challenged a decree that had been passed against him on the ground that he was a non‑user of the suit premises for more than six months prior to the filing of the suit. The trial court and the appellate court had both found that the premises were not used by the applicant …

MR. VIPUL GOPALDAS ASHAR AND ANRversusVIRENDRA GIRDHARILAL KHANDELWAL

Rejected

The co‑owners of a building in Malad filed suits claiming the defendants were trespassers occupying flats on a purported licence basis, while the defendants contended that a sale agreement dated 15‑Feb‑2013 transferred title. The plaintiffs moved to dismiss the suits on the ground that the …

MR. VIPUL GOPALDAS ASHAR AND ANR.versusCHANDRAKANTA NARENDRA KHANDELWAL

Rejected

The co‑owners of a building in Malad, Mumbai (the respondents) sued the defendants for possession of flats, alleging the defendants were trespassers who occupied the flats as licencees without a valid leave‑and‑licence agreement. The defendants contended that a sale agreement dated 15 February 2013, …

ZENOBIA R. POONAWALA AND ANRversusDR. RUSTOM FARHAD GINWALLA AND ORS

Disposed Off

The applicants, who are also defendants in a suit concerning the Rutton Manor building in Colaba, challenged a City Civil Court order that dismissed their motion to reject the plaint on the ground of exclusive jurisdiction of the Court of Small Causes. The dispute centered on whether the suit, which …

NAUTAM DAMJI SHAHversusARVIND ENGINEERING COMPANY AND ORS.

Allowed

The High Court examined a dispute arising under the Maharashtra Rent Control Act, 1999 concerning Godown No. 16 and the land beneath it. The plaintiffs, heirs of the deceased Damji Gelabhai Shah, claimed ownership of both the land and the godown based on a conveyance deed dated 12‑December‑2002, …

VISHWANATH SAKHARAM CHURIversusARVIND ENGINEERING COMPANY AND ORS.

Allowed

The dispute concerned Godown No. 16 and the land beneath it in Lower Parel, Mumbai, governed by the Maharashtra Rent Control Act, 1999. The original owners, New Sun Mills Co., had let the premises to Arvind Engineering Company in 1956 and later agreed to sell the godown for Rs 20,000 in 1981, while …

VARIA PARAMBIL KUTTANversusENGINEER COMPONENTS AND EQUIPMENT

Disposed Off

The petitioner, a former foreman of the respondent partnership firm, occupied a flat provided as a service tenant and refused to vacate after his employment ended in 2007. The respondent filed an eviction suit under Section 16(1)(f) of the Maharashtra Rent Control Act, 1999, and the petitioner …

MOHIT SURESH HARCHANDRAI & ORS.versusHINDUSTAN ORGANIC CHEMICALS LIMITED

2025 INSC 812Disposed off

Hindustan Organic Chemicals Ltd. (HOCL) occupied a premises leased from the Harchandrai family for over three decades before the landlords served a notice of termination in 2000 and obtained an eviction decree. After a protracted litigation spanning more than 25 years, the Supreme Court examined the …

NEHA CHANDRAKANT SHROFF & ANR.versusTHE STATE OF MAHARASHTRA & ORS.

2025 INSC 484Disposed off

The petitioners, owners of two flats in Mumbai, allowed the Police Department to occupy the premises temporarily in 1940 without any written requisition order. The police paid a nominal rent until 2007 and then stopped, prompting the petitioners to file a writ petition under Article 226 seeking …

BAITULLA ISMAIL SHAIKH AND ANR.versusKHATIJA ISMAIL PANHALKAR AND ORS.

2024 INSC 71Dismissed

The appellants, who bought a building in 1992, sought to evict two tenants after a municipal demolition notice was issued in 2002, invoking sections of the Maharashtra Rent Control Act, 1999 relating to bona‑fide need, demolition and rent default. The trial and appellate courts granted eviction …

BALKRISHNA RAMA TARLE DEAD THR LRS & ANRversusPHOENIX ARC PRIVATE LIMITED & ORS

2022 INSC 1022Dismissed

The petitioners, legal heirs of the deceased Balkrishna Rama Tarle, claimed tenancy rights over part of a mortgaged property and challenged the District Magistrate's refusal to assist the secured creditor, Phoenix Arc Private Limited, in taking possession under Section 14 of the SARFAESI Act. The …

HEMRAJ RATNAKAR SALIANversusHDFC BANK LTD. & ORS.

2021 INSC 408Leave Granted & Dismissed

HDFC Bank granted a loan to borrowers who mortgaged a flat as security. When the borrowers defaulted, the bank issued a notice under Section 13(2) of the SARFAESI Act to take possession of the secured asset. The appellant, Hemraj Ratnakar Salian, claimed to be a tenant of the flat since June 2012 …

BAJARANG SHYAMSUNDER AGARWALversusCENTRAL BANK OF INDIA & ANR.

2019 INSC 1017Disposed off

The appellant, who claimed to be a tenant of a flat mortgaged by the borrower to Central Bank of India, sought to stay the bank’s possession of the secured asset under the SARFAESI Act. The bank had issued a notice under Section 13(2) of the SARFAESI Act and obtained an order under Section 14 for …

UNION OF INDIAversusNARESHKUMAR BADRIKUMAR JAGAD & ORS.

2018 INSC 1114Disposed off

The original lease of a 99‑year term on a plot in Mumbai, used for a cotton mill, later vested in a charitable trust. After the lease expired, Podar Mills occupied the premises as a protected tenant under the Bombay Rents Act. The Textile Undertakings (Nationalisation) Act, 1995 vested the statutory …

HIYA ASSOCIATES & ORS.versusNAKSHATRA PROPERTIES PVT. LTD.

2018 INSC 893Case Partly allowed

The dispute arose from an eviction suit where the parties compromised, obligating the defendants to vacate the premises by a specified date and pay mesne profits for delay. The defendants failed to vacate, prompting the plaintiff to file an execution application which the executing court dismissed …

VISHAL N. KALSARIAversusBANK OF INDIA & ORS.

2016 INSC 76Appeal(s) allowed

The appellant, a tenant, challenged the Bank of India's attempt to take possession of a mortgaged premises under the SARFAESI Act after the landlord defaulted on a loan. The Court examined whether Section 35 of the SARFAESI Act, a non obstante clause, could override the Maharashtra Rent Control Act, …

HARSHAD GOVARDHAN SONDAGARversusINTERNATIONAL ASSETS RECONSTRUCTION CO. LTD.

2014 INSC 955Appeal(s) allowed

The appellants, who were tenants of premises mortgaged to banks, challenged the seizure of those premises by the secured creditors under the SARFAESI Act. The Supreme Court examined whether a lease made by the mortgagor, either before or after the mortgage, remains valid and binding on the secured …

SHEELA JAWARLAL NAGORI & ANR.versusKANTILAL NATHMAL BALDOTA & ORS.

2014 INSC 205Dismissed

The landlord filed a suit for eviction of tenants occupying an open plot in Pune. The tenants contended that the Pune Municipal Corporation had acquired the land under the Land Acquisition Act, 1894, and that an award passed by the Special Land Acquisition Officer had divested the landlord of any …

CENTRAL BANK OF INDIAversusN.R.C. LIMITED

2014 INSC 171Case Allowed

The Central Bank of India, as landlord, obtained an eviction order against N.R.C. Ltd., a tenant occupying its premises. The Supreme Court, after dismissing the tenant's special leave petition, granted the landlord time until December 2014 to regain possession, conditioned on the tenant filing an …

DR. SUHAS H. POPHALEversusORIENTAL INSURANCE CO. LTD. AND ITS ESTATE OFFICER

2014 INSC 92Appeal(s) allowed

Dr. Suhas H. Pophale occupied a flat in the Indian Mercantile Mansion under a leave‑and‑license agreement dated 20‑12‑1972, which was later deemed a tenancy under Section 15A of the Bombay Rent Act (effective 1‑Feb‑1973). The premises became owned by Oriental Insurance Co. Ltd., a government‑owned …

ERACH BOMAN KHAVARversusTUKARAM SHRIDHAR BHAT AND ANOTHER

2013 INSC 827Appeal(s) allowed

The appellant, a landlord, sought to evict a tenant occupying a flat owned by his father under a licence agreement with a company that later went into winding up. While the eviction suit was pending, the appellant applied under section 446 of the Companies Act, 1956 for the court's permission to …

BANATWALA & COMPANYversusL.L.C. OF INDIA & ANR.

2011 INSC 697Appeal(s) allowed

The appellant, Banatwala & Co., a tenant of premises owned by Life Insurance Corporation of India (LIC), sought fixation of standard rent and restoration of essential services under the Maharashtra Rent Control Act, 1999 after the landlord raised rent and failed to repair a lift. The respondents …

THE NATIONAL TEXTILE CORPORATION LTD.versusNARESHKUMAR BADRIKUMAR JAGAD & ORS.

2011 INSC 651Dismissed

The National Textile Corporation Ltd. (NTC) occupied premises that were originally leased to Poddar Mills, a textile undertaking taken over by the Central Government under the Textile Undertakings (Nationalisation) Act, 1995. The owners of the premises filed an eviction suit under the Maharashtra …

BOARD OF TRUSTEES OF THE PORT OF MUMBAIversusM/S BYRAMJEE JEEJEEBHOY PVT. LTD. & ANR.

2011 INSC 284Appeal(s) allowed

The Board of Trustees of the Port of Mumbai, as landlord, sued M/s Byramjee Jeejeebhoy Pvt. Ltd. (tenant) and its sub‑tenant Wadi Sunder Cotton Press Co. for eviction on the ground of unlawful sub‑letting under the Bombay Rent Act, 1947. The trial court and the High Court held that the sub‑lease …

BHARAT PETROLEUM CORPORATION LTD.versusCHEMBUR SERVICE STATION

2011 INSC 174Matter referred to larger bench

Bharat Petroleum Corporation Ltd (BPCL) entered into a Dispensing Pump and Selling Licence (DPSL) agreement with Chembur Service Station, appointing it as a dealer to sell BPCL's petroleum products. After a surprise inspection revealed alleged manipulation of a dispensing unit, BPCL issued a …

FGP LTD.versusSALEH HOOSEINI DOCTOR AND ANR.

2009 INSC 1138Dismissed

FGP Ltd., a public limited company, occupied a flat in Mumbai under a tenancy agreement dated 16‑07‑1981. The legal representatives of the original owner filed a suit for possession under the Bombay Rent Act, 1947, claiming reasonable and bona‑fide requirement; the Small Causes Court, the appellate …

THE STATE OF MAHARASHTRA & ANR.versusM/S. SUPER MAX INTERNATIONAL PVT. LTD. & ORS.

2009 INSC 1081Dismissed

The State of Maharashtra, as landlord, obtained a decree of ejectment against M/s Super Max International, the tenant, under sections 13(3)(a) and 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, on grounds of tax defaults and the landlord's bona‑fide need. The High …

SMT. LEELABAI GAJANAN PANSARE & ORS.versusTHE ORIENTAL INSURANCE CO. LTD. & ORS.

2008 INSC 949Disposed off

The landlords sought eviction of Oriental Insurance Company Ltd. (OIC) from premises in Thane, arguing that OIC, a Government company under Section 617 of the Companies Act, 1956, was exempt from protection under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. The High Court held that …

NEW INDIA ASSURANCE COMPANY LTD.versusNUSLI NEVILLE WADIA AND ANR.

2007 INSC 1293Dismissed

The Supreme Court examined who must lead evidence first in eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. New India Assurance Company Ltd., a State under Article 12, sought to evict tenants NUSLI Neville Wadia and others from a building it owned. The …

CARONA LTD.versusM/S PARATHY SWAMINATHAN & SONS

2007 INSC 1008Dismissed

Carona Ltd., a public limited company with paid‑up share capital exceeding Rs. 1 crore, was let a premises by a partnership landlord. After defaulting on rent, the landlord gave notice terminating the tenancy on 31 March 2001 and filed an eviction suit. While the suit was pending, the tenant passed …

SARASWAT CO-OP. BANK LTD. AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 513Dismissed

The Supreme Court examined several civil appeals and a writ petition challenging Section 3(1)(b) of the Maharashtra Rent Control Act, 1999, which exempts premises let to government, banks, public sector undertakings, foreign missions, multinational companies and private/public limited companies with …

M/S. CRAWFORD BAYLEY AND CO. AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 395Dismissed

Crawford Bayley & Co., a firm of advocates, challenged the termination of its tenancy in a bank‑owned building and the subsequent show‑cause notice issued by an Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The firm argued that Section 3 of the Act and its …

JAMSHED HORMUSJI WADIAversusBOARD OF TRUSTEES, PORT OF MUMBAI AND ANR.

2004 INSC 33Disposed off

The Bombay Port Trust (BPT), an instrumentality of the State, engaged consultants to value its land and proposed a massive rent revision for its lessees, issuing notices of termination and higher rent. Lessees challenged the revision as arbitrary and violative of Article 14, leading a Single Judge …

CENTRAL BANK OF INDIAversusVRAJLAL KAPURCHAND GANDHI AND ANR.

2003 INSC 316Appeal(s) allowed

The Central Bank of India, a tenant, faced eviction proceedings initiated by the landlords under the Bombay Rents Act, which were initially dismissed in its favour. After the Maharashtra Rent Control Act, 1999 came into force, the landlords invoked Section 3(1)(b) to terminate the tenancy, leading …