In a suit under section 16(1)(n) of the Maharashtra Rent Control Act, 1999, the landlord has…
Section 16(1)(n) requires proof that the tenant did not use the premises for their letting purpose for the continuous six months immediately preceding suit. Once that…
Choose your answer
In a suit under section 16(1)(n) of the Maharashtra Rent Control Act, 1999, the landlord has established qualifying non-use. What must the tenant substantiate to resist eviction on the ground that the non-use was justified?
Answer and explanation
Correct answer C
Section 16(1)(n) requires proof that the tenant did not use the premises for their letting purpose for the continuous six months immediately preceding suit.
Once that non-use is shown, the tenant bears the evidential burden of establishing a reasonable cause for it.
Option feedback
Option A
The relevant six-month period is fixed by the date of suit, without an inquiry into the landlord’s motive.
Option B
The letting purpose belongs to the landlord’s initial case and is part of the qualifying non-use already established.
Option C
Once the landlord proves qualifying non-use, the tenant must prove any reasonable cause relied on.
Option D
A demolition order is a different eviction ground and is not required to justify non-use.
Practice for these exams
-
Maharashtra Judicial Services