1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.7860 OF 2006 NO.7860 OF 2006 NO.7860 OF 2006 Shri Shri Shri Rajesh Rajesh Rajesh Naupatlal Sankla & anr.. Petitioners Naupatlal Sankla & anr.. Petitioners Naupatlal Sankla & anr.. Petitioners vs vs vs Shri Shri Shri Raja Raja Raja Mahendragir Dhanrajgir & ors.Respondents Mahendragir Dhanrajgir & ors.Respondents Mahendragir Dhanrajgir & ors.Respondents Mr.Uday Mr.Uday Mr.Uday Warunjikar Warunjikar Warunjikar for Petitioners for Petitioners for Petitioners Mr.V.A.Thorat, Mr.V.A.Thorat, Mr.V.A.Thorat, Sr.Counsel Sr.Counsel Sr.Counsel for Respondents for Respondents for Respondents CORAM CORAM CORAM : : : S.A.BOBDE, J S.A.BOBDE, J S.A.BOBDE, J DATED DATED DATED : 3rd August, 2007 : 3rd August, 2007 : 3rd August, 2007 P.C. P.C. P.C. 1.1.1. The petitioner who is the defendant challenged The petitioner who is the defendant challenged The petitioner who is the defendant challenged the the the order order order of the learned District Judge refusing to of the learned District Judge refusing to of the learned District Judge refusing to dismiss dismiss dismiss the respondent’s suit on the ground that the respondent’s suit on the ground that the respondent’s suit on the ground that the the the premises are located in cantonment area to premises are located in cantonment area to premises are located in cantonment area to which which which Maharashtra Rent Control Act, 1999 does not Maharashtra Rent Control Act, 1999 does not Maharashtra Rent Control Act, 1999 does not apply. apply. apply. The learned District Judge has referred to The learned District Judge has referred to The learned District Judge has referred to the the the Judgment of the Supreme Court in Jaisingh Judgment of the Supreme Court in Jaisingh Judgment of the Supreme Court in Jaisingh Jairam Jairam Jairam Tyag vs Mamachand Ratilal Agarwal reported Tyag vs Mamachand Ratilal Agarwal reported Tyag vs Mamachand Ratilal Agarwal reported inin in 1980 Bombay Rent Cases Page 84 where the Supreme 1980 Bombay Rent Cases Page 84 where the Supreme 1980 Bombay Rent Cases Page 84 where the Supreme Court Court Court held as follows : held as follows : held as follows : " The Central Government has issued the The Central Government has issued the The Central Government has issued the Notification Notification Notification u/s section 3 (4) of the u/s section 3 (4) of the u/s section 3 (4) of the Cantonment Cantonment Cantonment Act, 1957 extending the Act, 1957 extending the Act, 1957 extending the provisions provisions provisions of the Bombay Rent Act to the of the Bombay Rent Act to the of the Bombay Rent Act to the Cantonment Cantonment Cantonment Areas. On June 2, 1972 the Areas. On June 2, 1972 the Areas. On June 2, 1972 the Parliament Parliament Parliament also enacted Act 22 of 1972 also enacted Act 22 of 1972 also enacted Act 22 of 1972 amending amending amending the Cantonment Act, 1957 purporting the Cantonment Act, 1957 purporting the Cantonment Act, 1957 purporting toto to enable enable enable the Central Government to make the the Central Government to make the the Central Government to make the Rent Rent Rent Control Laws, in several States Control Laws, in several States Control Laws, in several States applicable applicable applicable to the Cantonment Areas from to the Cantonment Areas from to the Cantonment Areas from dates dates dates anterior to the dates of Notification anterior to the dates of Notification anterior to the dates of Notification and and and further purporting to validate certain further purporting to validate certain further purporting to validate certain pre-existing pre-existing pre-existing decrees. decrees. decrees. " " " 2.2.2. Applying the said decision the learned District Applying the said decision the learned District Applying the said decision the learned District 2 Judge Judge Judge has held that the notification passed by the has held that the notification passed by the has held that the notification passed by the Central Central Central Government on 29th December, 1969 is Government on 29th December, 1969 is Government on 29th December, 1969 is applicable applicable applicable to the Maharashtra Rent Control Act to the Maharashtra Rent Control Act to the Maharashtra Rent Control Act without without without considering whether the notification considering whether the notification considering whether the notification survives survives survives a repeal. a repeal. a repeal. 3.3.3. However, it is not necessary to interfere in However, it is not necessary to interfere in However, it is not necessary to interfere in the the the present case in view of section 2 of the present case in view of section 2 of the present case in view of section 2 of the Maharashtra Maharashtra Maharashtra Rent Control Act, 1999. Sub-section Rent Control Act, 1999. Sub-section Rent Control Act, 1999. Sub-section 2 of of of section 2 reads as follows : section 2 reads as follows : section 2 reads as follows : " Notwithstanding anything contained in Notwithstanding anything contained in Notwithstanding anything contained in sub-section sub-section sub-section (1), it shall also apply to the (1), it shall also apply to the (1), it shall also apply to the premises premises premises or, as the case may be, houses let or, as the case may be, houses let or, as the case may be, houses let out out out in the areas to which the Bombay in the areas to which the Bombay in the areas to which the Bombay Rents,Hotel Rents,Hotel Rents,Hotel and Lodging House Rates Control and Lodging House Rates Control and Lodging House Rates Control Act, Act, Act, 1947 1947 1947 or the Central Privinces and Berar or the Central Privinces and Berar or the Central Privinces and Berar Letting Letting Letting of Houses and Rent Control Order, of Houses and Rent Control Order, of Houses and Rent Control Order, 1949 1949 1949 issued under the Central Provinces and issued under the Central Provinces and issued under the Central Provinces and Berar Berar Berar Regulation Regulation Regulation of Letting of Accommodation of Letting of Accommodation of Letting of Accommodation Act, Act, Act, 1946 and Hyderabad Houses (Rent, 1946 and Hyderabad Houses (Rent, 1946 and Hyderabad Houses (Rent, Eviction Eviction Eviction and Lease) Control Act, 1954 were and Lease) Control Act, 1954 were and Lease) Control Act, 1954 were extended extended extended and applied before the date of and applied before the date of and applied before the date of commencement commencement commencement of this Act and such premises of this Act and such premises of this Act and such premises or or or houses houses houses continue to be so let on that date continue to be so let on that date continue to be so let on that date inin in such areas which are specified in such areas which are specified in such areas which are specified in Schedule Schedule Schedule I I I to this Act, notwithstanding that to this Act, notwithstanding that to this Act, notwithstanding that the the the area ceases to be of the description area ceases to be of the description area ceases to be of the description therein therein therein specified. specified. specified. " " " 4.4.4. Part IV of Schedule 1 makes it clear that Part IV of Schedule 1 makes it clear that Part IV of Schedule 1 makes it clear that Maharashtra Maharashtra Maharashtra Rent Rent Rent Control Act, 1999 applies to areas Control Act, 1999 applies to areas Control Act, 1999 applies to areas toto to which which which Bombay Rents Hotel and Lodging House Rates Bombay Rents Hotel and Lodging House Rates Bombay Rents Hotel and Lodging House Rates Control Control Control Act, 1947 etc applies and 7 cantonments Act, 1947 etc applies and 7 cantonments Act, 1947 etc applies and 7 cantonments specifically specifically specifically including the Pune Cantonment are including the Pune Cantonment are including the Pune Cantonment are mentiioned mentiioned mentiioned there. In this view of the matter, there. In this view of the matter, there. In this view of the matter, there there there is no merit in the contention that the is no merit in the contention that the is no merit in the contention that the learned learned learned trial Court has no jurisdiction under the trial Court has no jurisdiction under the trial Court has no jurisdiction under the Maharashtra Maharashtra Maharashtra Rent Control Act, 1999 to try the Rent Control Act, 1999 to try the Rent Control Act, 1999 to try the respondent’s respondent’s respondent’s suit suit suit for eviction. It is important to for eviction. It is important to for eviction. It is important to note note note here that Maharashtra Rent Control Act, 1999 here that Maharashtra Rent Control Act, 1999 here that Maharashtra Rent Control Act, 1999 3 has has has received the assent of the President of India. received the assent of the President of India. received the assent of the President of India. Petition Petition Petition is dismissed. is dismissed. is dismissed. (S.A.Bobde, (S.A.Bobde, (S.A.Bobde, J) J) J)