✦ Bombay High Court

Writ Petition No. 3739 of 2010 · Bombay High Court

Writ Petition No. 3739 of 2010B P DHARMADHIKARI

Case at a glance

Provisions considered

Judgment

Heard Shri Parsodkar, learned counsel for the petitioner and Shri Kulkarni, learned counsel for respondents No. 1, 3, 4 & 5. Time was given to the parties to file charts to assist the Court to find out the position of arrears. The charts filed were inadequate and hence further time was given and costs were imposed. Today again though costs are paid, charts are not of any assistance. The perusal of order passed below Exh. 47 by Causes Court shows that the effort was made by the petitioner – tenant to deposit rent arrears for the period from 01.09.2005 to 31.08.2008 at a time. The provisions of Section 15(3) of the Maharashtra Rent Control Act, 1999, envisage regular payment of rent. The said provision has not been complied with. It is apparent that a right accrued in favour of the plaintiff – landlord. View taken by both the Courts concurrently is neither erroneous nor perverse. Writ Petition is dismissed. No costs. *GS. JUDGE

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