2018 (1) ABR 426 ::(2017) 6 AllMR 1 (BOM) ::(2018) 1 Bom CR 72 ::(2018) 1 Mah LJ 406

Bombay High Court

Hon'ble Judge(s): M. S. Sonak , J

(A) Maharashtra Rent Control Act (18 of 2000) S. 24, 43(4)(b) — Eviction ' “ Termination of lease — Leave to contest — Competent Authority only required to consider if affidavit filed by tenant disentitles landlord from obtaining eviction order — Not required to adjudicate upon merits of claim of tenant — Tenants raising various defences, that may disentitle landlords from recovering possession, if accepted — Competent Authority grossly erred in proceeding to frame issues and decide question as to entitlement of landlord to recover possession — Order of competent Authority exceeding jurisdiction vested in it — Tenant granted leave to contest proceedings on payment of pending compensation to landlord. (Paras 11, 12, 13, 15, 17, 18)