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Bombay High Court

MOHAMMED ALI RAJABALLY YUSUFALLYversusATEEQ ANWAR AGBOATWALA AND ORS

Decided
Disposal
Dismissed

Holding

The High Court dismissed the revision application, holding that the applicant’s failure to pay rent for 7‑8 years under the Maharashtra Rent Control Act precludes any reconsideration of the non‑user finding.

Summary

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 during that period, and consequently dismissed the claim for arrears of rent. The applicant contended that electricity bills proved his possession and use of the premises and that the courts erred in ignoring this evidence. He also raised the issue of non‑payment of rent during the pendency of the proceedings, for which he offered no explanation. The High Court, noting the applicant’s failure to pay rent for 7‑8 years under Section 15(1) of the Maharashtra Rent Control Act, 1999, declined to revisit the non‑user finding and dismissed the revision application.

Issues considered

  • Whether the defendants (applicant) were not using the suit premises for more than six months prior to the filing of the suit
  • Whether the plaintiff proved arrears of rent for the period claimed
  • Whether there was unlawful sub‑letting of the premises
  • Whether the suit was maintainable in view of non‑joinder of necessary parties
  • Whether the plaintiff is entitled to mesne profits
  • Whether the plaintiff is entitled to the relief claimed

Legislation cited

Subjects

  • revision
  • non‑user premises
  • rent arrears
  • Maharashtra Rent Control Act
  • civil procedure

Judgment

Gitalaxmi                                             30-CRA-754-2023.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION


             CIVIL REVISION APPLICATION NO. 754 OF 2023

MOHAMMED ALI S/O. RAJABALLY YUSUFALLY ...APPLICANT

                        Versus

ATEEQ ANWAR AGBOATWALA AND OTHERS                    ...RESPONDENTS




     Mr. Arif Khan, Advocate for the Applicant.

     Mr. Anupam Surve a/w Mr. Nikhil Mutha & Ms. Ashwini
     Sonawane i/b M/s. Nanu Hormasjee And Co., Advocates for
     Respondent Nos. 1 to 6.




                                  CORAM     : ARUN R. PEDNEKER, J.

                                  DATE      : 7th JULY, 2026.

Per Court :


1.          Heard learned counsel for the parties.


2.          Learned counsel for the Applicant submits that the Suit filed

by the Respondents is decreed against the Applicant on the ground of

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non-user of the suit premises for more than 6 months prior to the

filing of the Suit. He submits that as regards the other issues before

the Court, i.e. the ground of non-payment of rent, the learned Trial

Court has held that there is no rent due and payable.


3.           The learned Trial Court has formulated the issues as

under :-


   SR.                  ISSUES                          FINDINGS
   NO.
    1. Whether the plaintiffs prove that             In the affirmative
       defendants are not using the suit
       premises for more than six months
       prior to filing of the suit?

     2.     Whether the plaintiffs prove that         In the negative
            defendants are in arrears of rent for
            the period from 1/6/2007 till
            28/2/2011 @ Rs.195/- amounting to
            Rs.8,775/-?

     2B. Whether the plaintiff proves unlawful        In the negative
         subletting of the suit premises by
         defendant No.1 on or after 1/2/1973?

     3.     Whether the plaintiffs are entitled for Inquiry is necessary
            the mesne profits as claimed for?

     4.     Whether the defendants prove that         In the negative
            suit is not maintainable due to non-
            joinder of necessary parties?

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     4B. Whether the defendants are willing            In the negative
         and ready to pay the arrears of rent as
         claimed by the plaintiffs?

     5.     Whether the plaintiffs are entitled for   In the affirmative.
            the relief as claimed for ?

     6.     What order and decree ?                   As per order below




4.           Only upon the issue of non-user for 6 months prior to filing

of the Suit, the Suit is decreed as regards arrears, the learned Trial

Court has held that there is no arrears of rent for the said period.


5.           In the Appeal filed by the Appellant, the Appellate Court

has also concurred on the non-user of the suit premises for more

than 6 months prior to the filing of the Suit. The Appellate Court has

also rendered a finding that under Section 15(1) of the Maharashtra

Rent Control Act, 1999, the Applicant herein has failed to pay rent

for more than 7-8 years during pendency and disposal of the

proceedings.


6.           Learned counsel for the Applicant has harped on the issue

as regards non-user of the suit premises. He submits that on all other

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issues, i.e. the issue of sub-letting was not established and the

electricity bills produced today before the Court, clearly established

that the Applicant was in possession of the suit premises and was

using the suit premises. Both the Courts have erred in not relying

upon the electricity bills and therefore, had rendered an erroneous

finding that the Applicant was not using the suit premises.


7.          Even if this Court proceeds to examine the issue of non-user

of suit premises for six months prior to filing of the Suit, however as

regards the issue of non-payment of rent during pendency of the

proceedings,     learned   counsel   for   Applicant    has   offered     no

explanation for the same before this Court.


8.          Considering that there is non-payment of rent for 7-8 years

during pendency of the proceedings, this Court would not entertain

the present Revision Application and render any alternate finding on

the aspect of non-user of the suit premises.




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9.           Revision             Application    merits     no   consideration     and

accordingly dismissed.




                                                          [ ARUN R. PEDNEKER, J.]


                        Digitally signed
                        by GITALAXMI
            GITALAXMI   KRISHNA
            KRISHNA     KOTAWADEKAR
            KOTAWADEKAR Date:
                        2026.07.23
                        10:54:13 +0530




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