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2024 High Court Latest Legal May 2024

Eviction – Landlord – Member of Armed Forces Maha Rent Control Act

May 21, 2024 legaldeli

The Respondent no.3 – landlord was in Air Force from 1966 till he retired in 1991 as Wing Commander. He acquired the property in 1982 while in Air Force service and built the house in 1985-85. After retiring in 1991, he rented the house to the petitioners on 15.2.1991. However, the weather in Mumbai was not suitable to the respondent no.3 and decided to shift to his home town Nagpur.

The respondent no.3 approached the Rent Controller, Nagpur, to terminate tenancy. It was granted vide order dated 27.7.1996. This was challenged in the High Court. However, as per the orders passed in the writ petitions, the respondent n.3 has withdrawn all the earlier proceedings.

Thereafter, the respondent no.3 filed application under Section 23 of the Maharashtra Rent Control Act, 1999, for vacant possession and it was allowed vide order dated 16.12.2016.

However, the said order was quashed and the matter was remanded for fresh inquiry by the High Court.

By the order dated 28.5.2021, the Competent Authority allowed the application of respondent no.3. Revision under Section 44 of MRC Act was dismissed by the order dated 16.6.2023.

Special provisions for Members of Armed Forces, Scientists or their successors-in-interest for recovery of possession of tenanted premises.

Section 23 – A landlord who is a Member of armed forces of the Union or was such a member and has retired as such, Scientists or their successor-in-interest entitled to recover possession of premises required for their occupation.

Judgment dated 10.5.2024 in Writ Petition No.8744 of 2015 of Airports Authority of India Workers Union and another Vs. The Under Secretary, Ministry of Labour, Govt of India and another.

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