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a. In the absence of written agreement of lease, the landlord is precluded from giving evidence of…

Under Maharashtra Rent Control Act s.55(2), absence of a written lease agreement does not preclude the landlord from proving the actual terms of the tenancy; it only shifts…

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a. In the absence of written agreement of lease, the landlord is precluded from giving evidence of terms and conditions of lease, under the Maharashtra Rent Control Act.
b. A suit under the Maharashtra Rent Control Act has to be decided in 9 months.

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Answer and explanation

Correct answer D

Under Maharashtra Rent Control Act s.55(2), absence of a written lease agreement does not preclude the landlord from proving the actual terms of the tenancy; it only shifts the burden so the tenant's version prevails unless the landlord proves otherwise, making the first statement incorrect; and s.38 requires the court to endeavour to dispose of a rent suit within twelve months, not nine, making the second statement incorrect too.

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