Bombay High Court
SHEHNAZ SHAFIQUE SHAIKH AND ORS.versusANEES AHMED KHAN AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the interim application, permitting deposit of the outstanding rent while preserving the landlord's eviction rights under the Act.
Summary
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 applicants to deposit the outstanding rent. The court, after hearing counsel, allowed the interim application, permitting the applicants to deposit the due amount up to the date of the order and thereafter on a month‑to‑month basis. The order was made without prejudice to any existing or future rights of the landlord to evict the tenant under Section 15(3) of the Maharashtra Rent Control Act, 1999. The court disposed of the interim application and listed the matter for further hearing on 1 October 2026.
Issues considered
- Whether the tenant can be permitted to deposit outstanding rent pending resolution of eviction proceedings
- Whether such permission affects the landlord's right to evict under Section 15(3) of the Maharashtra Rent Control Act, 1999
Legislation cited
- Maharashtra Rent Control Act, 1999 — s. 15(3)
Subjects
- rent control
- interim relief
- deposit of rent
- eviction
- Maharashtra Rent Control Act
Judgment
Gitalaxmi 7-CRA-54-2021+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 54 OF 2021
WITH
INTERIM APPLICATION NO. 9719 OF 2025
IN
CIVIL REVISION APPLICATION NO. 54 OF 2021
SHEHNAZ SHAFIQUE SHAIKH AND ORS. ...APPLICANTS
Versus
ANEES AHMED KHAN AND ANR. ...RESPONDENTS
Mr. Pandit Kasar, learned counsel for the Applicants.
Mr. Rushikesh S. Kekane i/b S. C. Kekane, learned counsel for
Respondent No. 1.
CORAM : ARUN R. PEDNEKER, J.
DATE : 11th SEPTEMBER, 2026.
Per Court :
1. Heard learned counsel appearing for the parties.
2. Interim Application for deposit of amount is allowed
without prejudice to the rights of landlord. If any right is accrued in
favour of the landlord to seek eviction of the tenant in addition to the
grounds already urged before the Courts and under Section 15(3) of
the Maharashtra Rent Control Act, 1999, if they become available,
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11th SEPTEMBER, 2026
Gitalaxmi 7-CRA-54-2021+.doc
without prejudice to the same, the Applicants are permitted to
deposit the outstanding amount till today and further on month to
month basis.
3. Interim Application No. 9719 of 2025 stands disposed of
accordingly.
4. List this matter on 1st October, 2026 for consideration.
[ ARUN R. PEDNEKER, J. ]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.09.16
20:58:05 +0530
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11th SEPTEMBER, 2026
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