ONE’S A TENANT, ALWAYS A TENANT, NOTHING BUT A TENANT
AUTHOR: Ms.Sweety Janjire, B.A.LL.B.
INTRODUCTION
Section 15 of Maharashtra Rent Control Act, 1999 deals with Relief against forfeiture. Section 15 of this act protects tenant. This section states that no ejectment ordinarily to be made if tenant pays or is ready and willing to pay standard rent and permitted increases. The Maharashtra Rent Control Act protects both landlord and tenant. The important fact of section 15 is that tenant should continue to acknowledge the title of his landlord by paying rent and observing the terms of tenancy.
RELIEF AGAINST FORFEITURE
Tenant shall not be evicted if he pays or willing to pays standard rent and permitted increases and also perform and observe terms and conditions of tenancy which are consistent with the provisions of this act. Sub-section (1) states the willingness of tenant to continue the acknowledge the title of his landlord by paying rent.
Terms mention under sub-section (1) that is perform which states a positive term and observe which states negative term.
No suit shall be instituted to recover the possession from the tenant on the ground of non-payment of rent unless expiry of 90 days notice next before institution of suit. This is a restriction on a landlord from evicting the tenant.
Once a notice is served to tenant reasonable time shall be allowed to the tenant to act before the action brought. If no notice is given, a suit for eviction on the ground of non-payment of rent will not lie. Mere non payment of rent by the tenant will not entitled the landlord to recover the possession unless he has complied with the provisions of this section.
No decree of ejectment shall be passed by the court on the ground of non-payment of rent, if within 90 days tenant pays standard rent and permitted increases with 15% interest.
Section 15 of Maharashtra Rent Control Act, incorporate the concept of one’s a tenant always a tenant, nothing but a tenant.
MODES OF SERVICE OF NOTICE
The notice has to be served upon the tenant in the manner provided under section 106 of Transfer of Property Act, 1882.
Section 106 –
Every notice must be served in following ways –
1. By post, to the party who intended to be bound by it,
2. Tendered or delivered personally to such party,
3. To one of his family member or servant at his residence,
4. If such tendered or delivery is not possible then affixed to a conspicuous part of his property.
Under, David K. N v S. R. Chaubey (chaturvedi), 2003(4) Bom. C. R. 612, Service by affixation on door is permissible when actual service by tendering the notice to the tenant or by registered post is not possible.
CONDITIONS
Following are the conditions for relief –
1. To pay or tendered in court the arrears of standard rent and permitted increases within 90 days from the date of service of summons,
2. With the 15 % of interest on the amount of arrears,
3. Afterwards persistent to pay in court constantly such standard rent and permitted increases as ordered by the court during the pendency of suit until the suit is finally decided
4. With the cost of the suit as ordered by the court.
As per section we understood that this Maharashtra rent control act not only protects landlord but also tenant if he is ready and willing to pay his rent and ready perform and observe terms of tenancy. So in conclusion one’s a tenant always a tenant.
References
1. Maharashtra Rent Control Act, 1999
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