Anjanabai W/O Keshaorao Raut (Dead) Thr., Its Lrs v. Geeta Prabhakar Ramteke
2026:BHC-NAG:7430
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2095/2026 Smt. Anjanabai W/o Keshaorao Raut Since Dead through Legal Heirs already on record Venubai W/o Pushparaj Meshram and others ...Versus...
Smt. Geeta Prabhakar Ramteke - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. R.T. Anthony, Advocate for petitioners Mr. S.D. Khati, Advocate for respondent CORAM : ROHIT W. JOSHI, J.
DATE : 08/06/2026 1.
The present petition is filed in order to challenge the judgment and decree dated 04/09/2021, passed by the learned Additional Judge, Small Causes Court, Nagpur in Regular Civil Suit No.485/2013 and the judgment and decree dated 18/12/2025, passed by the learned District Judge-19 in Regular Civil Appeal No.171/2021.
2.
The petitioners are legal representatives of original defendant. The respondent is the original plaintiff. The plaintiff had filed a suit for eviction and possession against the defendant under Sections 15 and 16(1)(j) of the Maharashtra Rent Control Act, 1999 (for short hereinafter "MRC Act") on the grounds of arrears of rent and bona fide need respectively.
3.
Learned Additional Judge, Small Causes Court, Nagpur has passed a decree for eviction and possession in
favour of plaintiff under Section 15 of the MRC Act on the ground of arrears of rent. The case of bona fide need is rejected.
4.
The defendant preferred appeal, challenging decree for eviction, which came to be dismissed by the learned first Appellate Court. The learned first Appellate Court has, however, confirmed the findings by the learned Trial Court with respect to bona fide need. Thus, the decree for eviction is passed against the defendant, the present petitioner under Section 15 of the MRC Act on the ground of arrears of rent. It is not in dispute that notice calling upon the defendant/tenant to clear the arrears of rent is issued on 15/11/2013 and the suit for eviction is filed on 07/12/2013.
5.
Section 15 (2) of the MRC Act prohibits filing of the suit on the ground of failure to pay the rent till a period of 90 days expires from the date of service of a notice for demand for clearing the arrears of rent. In the present case, the suit is obviously filed before expiry of the said period of 90 days. The controversy is squarely covered by the decision of this Court in the case of Jitendra s/o Vasantrao Nagarkar Vs. Mohanlal s/o Maluramji Agrawal, reported in 2016 (6) Mh.L.J. 797. 6.
In view of the aforesaid, the decrees for eviction are clearly unsustainable and will have to be quashed and set aside. Writ Petition is allowed in the following terms :- (i) The judgment and decree dated 04/09/2021, passed by the learned Additional Judge, Small Causes Court, Nagpur in Regular Civil Suit No.485/2013 and the judgment and decree dated 18/12/2025, passed by the learned District Judge-19 in Regular Civil Appeal No.171/2021
are quashed and set aside.
(ii) Regular Civil Appeal No.171/2021 is dismissed.
(iii) No order as to costs.
(ROHIT W. JOSHI, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 09/06/2026 11:09:33