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Bombay High Court

SHAIKH ISMAIL MOHAMMEDversusSHREE THIRTHANKAR COMPANY AND ANR

Decided
Disposal
Dismissed

Holding

The plaintiff, as a rent collector defined under Section 7(3) of the Maharashtra Rent Control Act, 1999, possessed the requisite title to sue, and the executing court was not required to entertain the defendant's objections, leading to dismissal of the writ petition.

Summary

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 that the plaintiff lacked title to sue for eviction. The court noted that there was no dispute that the plaintiff was the rent collector and that the defendant had been inducted into the premises by the plaintiff. Relying on the definition of ‘landlord’ under Section 7(3) of the Maharashtra Rent Control Act, 1999, the court held that the plaintiff was entitled to file the suit. Finding no illegality or perversity in the lower courts' decisions, the High Court dismissed the writ petition.

Issues considered

  • Whether the plaintiff had a valid title to institute an eviction suit when the conveyance deed was unregistered at the time of filing
  • Whether the executing court was obligated to entertain the defendant's objections to the execution of the eviction decree
  • Interpretation of ‘landlord’ under Section 7(3) of the Maharashtra Rent Control Act, 1999

Legislation cited

Subjects

  • eviction
  • landlord-tenant
  • Maharashtra Rent Control Act
  • execution of decree
  • Article 227
  • title to sue

Judgment

2026:BHC-AS:37786

                                                                 24-WP-2367-2020.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
                             WRIT PETITION NO. 2367 OF 2020
   Swapnil
               Shaikh Ismail Mohammed.                           …Petitioner
                    Vs.
               Shree Thirthankar Company and Anr.                …Respondents


               Mr. Akshay Pawar a/w. Mr. Vasim Siddiqui, Mr. Faiz Ali Khan
               for the petitioner.
               Adv. Presha Naik i/b. Mr. Pradip Naik for respondent no.1.

                                        CORAM : GAURI GODSE, J.

                                        DATE :       16th SEPTEMBER 2026

               ORDER :


               1.    This writ petition is filed by the original defendant to

               challenge the concurrent orders passed by the executing

               court dismissing his application raising objection to the

               execution of the eviction decree.


               2.    Learned counsel for the petitioner submits that when

               the suit was filed, the conveyance deed in favour of the

               plaintiff was not registered and the plaintiff had no title to file

               the suit. He further submits that in view of the conveyance

               deed executed after the eviction decree is passed, it is clear

               that the plaintiff had no title or any right to prosecute the suit


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                                                   24-WP-2367-2020.docx


for eviction. He, therefore, submits that the executing court

was required to decide the objections raised by the petitioner.


3.    I have perused the papers of the writ petition. There is

no dispute that the defendant was inducted in the suit

premises by the plaintiff. There is also no dispute that the

plaintiff is the rent collector. In view of these admitted facts,

both the courts have rightly refused to entertain the

objections raised by the defendant. In view of the definition of

a ‘landlord’ under Section 7 (3) of the Maharashtra Rent

Control Act 1999, the plaintiff was entitled to file the suit.


4.    I do not see any illegality or perversity in the reasons

recorded in the impugned orders warranting any interference

in the discretionary jurisdiction under Article 227 of the

Constitution of India.


5.    The writ petition is dismissed.


                                             [GAURI GODSE, J.]




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