Vidyut Mandal Antrik Kamgar Sahakari Patsanstha Maryadit, Thr.The President, Nagorao Kashinath Maga v. Sau. Mangala Laxmikant Dubey And 2 Others

WP3869.19 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3869/2019 Vidyut Mandal Tantrik Kamgar Sahakari Patsanstha Maryadit vs.

Sau Mangala Laxmikant Dubey and others.

--------------------------------------------------------------------------------------------------------- Office notes Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A.H.Mishra, Advocate for petitioner.

Shri S.A.Mohta, Advocate for respondent no.1. CORAM : A.S.CHANDURKAR, J.

DATED : October 14, 2019 The challenge is raised to the decree for eviction as passed by the trial Court under Section 15 (1) of the Maharashtra Rent Control Act, 1999 (for short, 'the said Act') which has been affirmed by the appellate Court.

It is seen that after service of notice dated 18.05.2012 to the petitioner-Society, the arrears of rent of Rs.37,000/- was not cleared. A defence was raised that transfer of the property in favour of the plaintiff was illegal. However except for raising that defence, no further steps were taken by the Society to challenge that transfer. It is also seen from the record that during the pendency of the suit and thereafter in the appeal, provisions of Section 15(3) of the said Act have not been complied.

In that view of the matter, considering the concurrent finding of the fact with regard to commission of default is concerned, there is not case made out to interfere in writ jurisdiction. The writ petition is therefore dismissed. JUDGE Andurkar.