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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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