Bombay High Court
THE UNION OF INDIA REPRESENTED BY SECRETARY AND DIRECTOR GEN. OF INIAN POSTS AND ORSversusZUBAIDABAI BANDUKWALA D/O. FIDAALLY POTIA
- Decided
- Disposal
- Dismissed
Holding
The High Court upheld the trial court's order, finding no illegality or perversity, and dismissed the writ petition.
Summary
The petition was filed by the original defendants, who are tenants, seeking to set aside the trial court's order dismissing their application in an eviction suit. They requested permission to deposit rent subject to approval by a competent authority and asked for the suit to be dismissed with costs. The trial court rejected these conditional prayers, and the petitioners challenged this dismissal through a writ petition under Article 227. The High Court examined whether there was any illegality or perversity in the trial court's reasoning and found none. Consequently, the writ petition was dismissed and the pending interim application was declared infructuous.
Issues considered
- Whether the trial court erred in rejecting the tenants' conditional prayers to deposit rent subject to approval.
- Whether the High Court should interfere with the trial court's discretionary decision under Article 227 of the Constitution.
Subjects
- eviction
- rent deposit
- writ petition
- discretionary jurisdiction
- Article 227
- tenant rights
Judgment
14-WP-7970-2017.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7970 OF 2017
WITH
INTERIM APPLICATION NO. 7543 OF 2026
The Union of India … Petitioners
represented by Secretary and
Director Gen. Of Indian Posts
and Others
Vs.
Zubaidabai Bandukwala … Respondents
D/o. Fidaally Potia and Others
Mr.Y. R. Mishra a/w. Mr. Chandrakant N. Chavan for the
Petitioners.
CORAM : GAURI GODSE, J.
DATE : 30th SEPTEMBER 2026
ORDER :
1. This petition is filed by the original defendants (tenants)
to challenge the order dismissing their application in the
eviction suit. The application was filed seeking permission to
deposit rent amount subject to approval by the competent
authority, and for dismissal of the suit with cost. Considering
the conditional prayers, the trial court refused to grant any
Digitally signed
by RAJESHWARI
RAJESHWARI RAMESH
RAMESH PILLAI
permission. Hence, the application is ordered be filed.
PILLAI Date:
2026.10.03
13:07:36 +0530
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14-WP-7970-2017.docx
2. In the event the petitioners intended to deposit any
amount without prejudice to the rights and contentions, it is
always open for the petitioners/tenant to file appropriate
proceedings as permissible in law by filing standard rent
application or an application before the trial court. The trial
court has rightly rejected the conditional prayers made by the
applicants.
3. I do not see any illegality or perversity in the reasons
recorded in the impugned order warranting any interference
in exercise of the discretionary jurisidction under Article 227
of the Constitution of India.
4. The writ petition is therefore dismissed.
5. In view of dismissal of the petition, pending interim
application is disposed of as infructuous.
[GAURI GODSE, J.]
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