Baitulla Ismail Shaikh vs Khatija Ismail Panhalkar 2024 INSC 71 – Maharashtra Rent Control Act

Maharashtra Rent Control Act, 1999; Section 16(1) – the Court trying an eviction proceeding under the aforesaid provision has very limited role in determining as to whether demolition is really necessary or not, but it does not automatically follow therefrom that the Court would mechanically adopt the view of municipal authority of there being urgent need of demolition. The conditions under which a landlord can bring an eviction action under clauses (i) and (k) of Section 16(1) are different in their operations. In respect of an eviction proceeding founded on the former provision, it contemplates a lesser degree of immediacy or urgency – But the latter provision requires a greater degree of urgency and it is within the jurisdiction of the Court to test this factor. (Para 16)

Maharashtra Rent Control Act, 1999; Section 16 – Sub-section (6) of Section 16 also mandates satisfaction of the conditions stipulated in sub-clauses (a) to (d) thereof. Subclause (d) in particular, contemplates the landlord to give undertaking in terms of paragraphs (i), (ii), (iv) and (v) of that subclause, while dealing with landlord’s eviction claim based on Section 16(1)(i) of the said statute. These are all mandatory requirements

Notice – Omission to label a notice with the provision under which it is issued would not make it nugatory, if substance thereof is clearly conveyed. (Para 14)

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