A Maharashtra landlord properly brings an eviction suit for rent default and bona fide need after a…
Section 15(3) requires regular payment or tender during the suit for its protection to apply. The Full Bench in Babulal Fakirchand Agrawal v. Suresh Kedarnath Malpani held…
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A Maharashtra landlord properly brings an eviction suit for rent default and bona fide need after a valid demand notice and the statutory waiting period. The tenant paid the arrears demanded in the notice but fails to pay or tender the rent regularly during the suit. The landlord fails to prove bona fide need. Which outcome may the court order under the Maharashtra Rent Control Act, 1999?
Answer and explanation
Correct answer C
Section 15(3) requires regular payment or tender during the suit for its protection to apply. The Full Bench in Babulal Fakirchand Agrawal v. Suresh Kedarnath Malpani held that payment in response to a valid demand does not by itself defeat a properly instituted suit.
Rent default can support eviction on these facts. The landlord must separately prove bona fide need under section 16(1)(g) to obtain eviction on that ground.
Option feedback
Option A
Payment in response to the demand alone leaves the in-suit payment condition to be satisfied.
Option B
Section 15(3) gives conditional protection and confers no automatic further chance on these facts.
Option C
The tenant loses the protection against eviction for default, and the landlord has proved no bona fide need.
Option D
Section 16(1)(g) requires proof of bona fide need, which is missing here.
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Maharashtra Judicial Services