SHRI RAGHURAJ ANAND YERAM AND ORS. v. VISHWANATH NAMDEO MALGAONKAR
CRA/399/2025 · 2026-10-08
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18193 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18193 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1/2 5-CRA-399-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 399 OF 2025 Raghuraj Anand Yeram and Ors. ….Applicants
Versus Vishwanath Namdeo Malgaonkar …Respondent ---- Mr. S.M. Bandkar for the Applicants. Mr. V.S. Paradkar for the Respondent. ----
CORAM : ARUN R. PEDNEKAR, J.
DATED : 8th OCTOBER, 2026 P.C. :
1. Heard learned Counsel appearing for the Applicants and
learned Counsel appearing for the Respondent.
2.
Learned Counsel for the Applicants challenges the concurrent eviction decree passed against the Applicants. The primary contention raised before this Court is that the Respondent is not the owner of the property. However, I have perused the orders and material on record, I find that in a notice issued by the Plaintiff to the 11 tenants of Malgaonkar Chawl by the landlord – Respondent, a common reply is filed by 11 tenants dated 4th August, 2010. I have perused the reply. In the reply there is no denial of the landlord’s title rather grievances are raised as regards the condition of the premises alleging that no repairs have been carried out for a long period of time and that the landlord had failed to provide the basic Purti Parab PURTI PRASAD PARAB Digitally signed by PURTI PRASAD PARAB Date: 2026.10.13 12:13:49 +0530
2/2 5-CRA-399-2025.doc amenities. It clearly indicates that the Applicants were the tenants of the landlord. The ownership of the concerned premises is hardly of any consequences. The Maharashtra Rent Control Act, 1999 deals with the landlord and tenant. A landlord under Section 7(3) of the Maharashtra Rent Control Act, 1999 is the person who is entitled to receive rent. He may or may not be the owner of the premises.
3. In these circumstances, it is not possible to accept the submission of the Applicants that the Respondent is not the landlord and therefore they are not entitled to seek decree of eviction. The submissions advanced on behalf of the Applicants do not make out a case for entertaining the Application.
4. Civil Revision Application stands dismissed.
(ARUN R. PEDNEKAR, J.) Purti Parab