THE MAHARASHTRA RENT CONTROL ACT, 1999.pdf

This PowerPoint presentation offers a brief yet comprehensive overview of the Maharashtra Rent Control Act, 1999. It outlines the key provisions aimed at regulating rent, protecting tenant rights, and preventing arbitrary eviction. The presentation discusses important aspects such as tenant-landlord relationships, rent fixation, eviction grounds, and the legal framework governing rental properties in Maharashtra. This is an ideal resource for law students, legal professionals, and individuals seeking clarity on the rights and obligations under the Maharashtra Rent Control Act.

1. THE MAHARASHTRA RENT
CONTROL ACT, 1999
Dr.Nitin SidramChalwadi
Associate Professor
Yashwantrao Chavan Law College

2. Object
✓Unification and Consolidation
✓Encouraging Construction of New Houses
✓Replacement of Previous Acts

3. Application of the Act
✓Initial Application to Specific Premises
✓Extension to Premises Under Previous Acts
✓Application to Cities or Towns
✓State Government's Discretion

4. Section 3 Exemption
✓Exemption for Government and Local Authorities
✓Exemption in Certain Circumstances Involving the Government
✓Exemption for Premises Requisitioned or Leased by the Government
✓Exemption for Officers Subordinate to the Government
✓Applicability in Certain Situations

5. Exemption for Specific Categories of
Tenants
✓The Act shall not apply to certain categories of premises, including:
✓Premises let or sublet to banks.
✓Premises let or sublet to Public Sector Undertakings.
✓Premises let or sublet to any Corporation established by or under any
Central or State Act.
✓Premises let or sublet to foreign missions.
✓Premises let or sublet to international agencies.
✓Premises let or sublet to multinational companies.
✓Premises let or sublet to private limited companies.
✓Premises let or sublet to public limited companies having a paid-up share
capital of more than rupees one crore or more.

6. Conditional Exemption
State Government's Discretion
✓Exemption for Premises Used for Charitable Purposes
✓Exemption for Premises Held by Public Trusts
✓Exemption for Premises Administered by Local Authorities
✓Exemption for University Premises
✓Protection of Existing Tenancy Rights

7. 4. Power of State Government to issue orders in respect of
premises belonging to local authority, etc
✓Notwithstanding anything contained in this Act, the State Government
may, from time to time, by general or special order, direct that the
exemption granted to a local authority under sub-section (1) of section
3 shall be subject to such conditions and terms as it may specify either
generally or specially in any particular case, as the State Government
may in its direction determine.

8. Section 5. Cessation of exemption
✓Contravention of Conditions or Terms

9. Definitions

10. "Landlord"
✓Primary Definition
✓Derivation of Title
✓Inclusion of Subtenant
✓Inclusion of Licensee
Deemed to be a Tenant
✓Inclusion of
Government Allottee
"Landlord" means any person who is for the time being, receiving, or
entitled to receive, rent in respect of any premises whether on his own
account or on account, or on behalf, or for the benefit of, any other
person or as a trustee, guardian, or receiver for any other person or
who would so receive the rent or be entitled to receive the rent if the
premises were let to a tenant; and also includes any person not being
a tenant who from time to time derives title under a landlord, and
further includes in respect of his subtenant, a tenant who has sub-let
any premises; and also includes, in respect of a licensee deemed to be
a tenant under the provisions of the Bombay Rents, Hotel and Lodging
House Rates Control Act, 1947, the licensor who has given premises
on licence and in respect of the State Government or as the case may
be, the Government allottee referred to in sub-clause (b) of clause (2)
deemed to be a tenant by section 27, the person who was entitled to
receive the rent if the premises were let to a tenant immediately before
the 7th December, 1996, that is before the coming into force of the
Bombay Rent, Hotel and Lodging House Rates Control, Bombay Land
Requisition and the Bombay Government Premises (Eviction)
(Amendment) Act, 1996;

11. Legal Representative
✓Reference to the Code of Civil
Procedure, 1908
✓Extension to Joint Family
Property
"legal representative" means a
legal, representative as defined in
the Code of Civil Procedure,
1908, and includes also, in the
case of joint family property, the
joint family of which the
deceased person was a member;

12. Licensee

13. Paying Guest
✓"paying guest" means a person, not being a member of the family,
who is given a part of the premises, in which the licensor resides, on
licence;

14. "premises"
✓means any building or part of a building let or given on licence
separately (other than a farm building) including,-
✓(i) the gardens, grounds, garages and out-houses, if any, appurtenant
to such building or part of a building,
✓(ii) any fittings affixed to such building or part of a building for the
more beneficial enjoyment thereof,
✓but does not include a room or other accommodation in a hotel or
lodging house;

15. Tenant
1. Basic Definition of Tenant:
•A tenant is any person by whom or on whose account rent is payable for any premises
•2. Inclusive Categories
✓(a) Such Person Includes:
i.Tenant
ii.Deemed Tenant
iii.Sub-Tenant:
iv.Person Who Has Derived Title Under a Tenant
v.Person with Assigned or Transferred Interest
(b) Deemed Tenant Under Section 25
(c)Person with Assigned or Transferred Interest Under Section 26
(3) Inheritance of Tenancy
(d) Transmission of Tenancy Upon Tenant’s Death

16. 15. No ejectment ordinarily to be made if tenant pays or is ready and
willing to pay standard rent and permitted increases.
✓(1) A landlord shall not be entitled to the recovery of possession of any premises so long
as the tenant pays, or is ready and willing to pay, the amount of the, standard rent and
permitted increases, if any, and observes and performs the other, conditions of the
tenancy, in so far as they are consistent with the provisions of this Act.
✓(2) No suit for recovery of possession shall be instituted by a landlord against the tenant
on the ground of non-payment of the standard rent or permitted increases due, until the
expiration of ninety days next after notice in writing of the demand of the standard rent
or permitted increases has been served upon the tenant in the manner provided in section
106 of the Transfer of Property Act, 1882.
✓(3) No decree for eviction shall be passed by the court in any suit for recovery of
possession on the ground of arrears of standard rent and permitted increases if, within a
period of ninety days from the date of service of the summons of the suit, the tenant
pays or tenders in court the standard rent and permitted increases then due together with
simple interest on the amount of arrears at fifteen per cent per annum; and thereafter
continues to pay or tenders in court regularly such standard rent and permitted increases
till the suit is finally decided and also pays cost of the suit as directed by the court.
✓(4) Pending the disposal of any suit, the court may, out of any amount paid or tendered
by the tenant, pay to the landlord such amount towards the payment of rent or permitted
increases due to him as the court thinks fit.
1)Tenant's Payment of
Standard Rent and Permitted
Increases:
2)Notice Requirement:
3)Waiting Period and Tenant's
Right to Cure Arrears:
4)Interest and Court Costs:
5)Court's Discretion:

17. 15. No ejectment ordinarily to be made if tenant pays or is
ready and willing to pay standard rent and permitted
increases.
Protection
Against Eviction
Notice
Requirement
Before Suit
Conditions for
Eviction Decree
Court’s
Discretion
During Pending
Suit
Tenants to rectify their
default in payment and
avoid eviction
Section 106
TOPA 1882
Court not to pass a
decree for eviction
if Tenant fulfill the
conditions
Discretion to
decide amount
and timing of
payment
No Eviction

18. Section 16: When Landlord May Recover Possession
✓1. Grounds for Recovery of Possession:
✓Notwithstanding the other provisions of the Act (but subject to the
provisions of Section 25), a landlord is entitled to recover possession
of any premises if the court is satisfied with specific grounds.

19. (a) Act Contrary to Section 108(o) of the
Transfer of Property Act, 1882
Explanation: Certain acts, such as replacing tiles or closing a
balcony, are explicitly mentioned as not being regarded as acts
causing damage to the building or being destructive or
permanently injurious.

20. (b) Unauthorized Erection of Permanent
Structure
✓The court may also grant possession if it is satisfied that the tenant
has, without the landlord's written consent, erected on the premises
any permanent structure.
✓Explanation: The term "permanent structure" is clarified not to include
specific works carried out with necessary permissions, such as providing a
wooden partition, a standing cooking platform in the kitchen, a door, lattice
work, or opening of a window for ventilation. It also excludes the
installation of items like a false ceiling, air-conditioner, exhaust outlet, or
smoke chimney, provided the necessary permissions have been obtained
from relevant authorities.

21. (c) Nuisance, Immoral or Illegal Conduct:
✓The tenant, their agent, servant,
persons inducted by the tenant, or
anyone residing with the tenant
engaging in conduct that is
considered a nuisance or annoyance
to the adjoining or neighboring
occupier.
✓Use of Premises for Immoral or
Illegal Purposes
✓Conviction for Offenses
under Municipal Acts:

22. (d) Tenant's Notice to Quit
✓Tenant's Notice to Quit
✓ Landlord's Subsequent
Actions
✓Serious Prejudice to the
Landlord
✓(d) that the tenant has given notice to
quit and in consequence of that notice,
the landlord has contracted to sell or
let the premises or has taken any other
steps as a result of which he would, in
the opinion of the court, be seriously
prejudiced if he could not obtain
possession of the premises;

23. (e) Unlawful Subletting and Transfer of
Tenancy Rights"

24. (f) Recovery of Possession by Landlord in Case
of Cessation of Tenant's Employment
✓ Notwithstanding anything contained in this Act but subject to the provisions of section 25, a landlord shall be
entitled to recover possession of any premises if the court is satisfied-
✓Premises Let for Use as Residence:
•The landlord is entitled to recover possession of premises that were let to the tenant for use as a residence.
1.Tenant Ceased Employment with Landlord:
The landlord must establish to the satisfaction of the court that the tenant initially occupied the premises
due to being in the service or employment of the landlord.
2.Tenant Ceased to be in Service or Employment:
The landlord can recover possession if the court is satisfied that the tenant has ceased to be in the service or
employment of the landlord. This cessation could have occurred either before or after the commencement
of the Maharashtra Rent Control Act.
3.Subject to Section 25:
The entitlement of the landlord to recover possession is subject to the provisions of section 25 of the Act.

25. (g) Recovery of Possession for Genuine and
Beneficial Reasons
✓(g) that the premises are
reasonably and bona fide
required by the landlord for
occupation by himself or by any
person for whose benefit the
premises are held or where the
landlord is a trustee of a public
charitable trust that the premises
are required for occupation for
the purposes of the trust; or
✓Reasonable and Bona Fide
Requirement
✓Occupation by Landlord or
Beneficiary
✓Trustee of a Public Charitable
Trust

26. (h) Recovery of Possession for Necessary
Repairs
✓that the premises are
reasonably and bona fide
required by the landlord for
carrying out repairs which
cannot be carried out without
the premises being vacated
✓Reasonable and Bona Fide
Requirement
✓Repairs Requiring Vacant
Possession

27. (i) Recovery of Possession for Demolition
and Reconstruction
✓(i) that the premises are
reasonably and bona fide
required by the landlord for the
immediate purpose of
demolishing them and such
demolition is to be made for the
purpose of erecting new
building on the premises sought
to be demolished
✓Reasonable and Bona Fide
Requirement
✓Demolition for the Purpose of
Reconstruction

28. (j) Recovery of Possession for Terrace
Development
✓(j) that the premises let consist of a
tenement or tenements on the terrace of a
building such tenement or tenements
being only in part of the total area of the
terrace, and that the premises or any part
thereof are required by the landlord for
the purpose of the demolition thereof and
erection or raising of a floor or floors on
such terrace;
✓ Explanation.-For the purposes of this
clause, if the premises let include the
terrace or part thereof, or garages,
servants quarters or out-houses (which
are not on the terrace), or all or any one
or more of them, this clause shall
nevertheless apply; or
✓Tenements on Terrace
✓Demolition and Erection of
Floors
✓Expansion of Clause to Include
Additional Structures

29. (k) Recovery of Possession for Demolition
Ordered by Competent Authority
✓The provision allows a landlord to recover possession if the premises
are required for the immediate purpose of demolition, and this
demolition is specifically ordered by a municipal authority or another
competent authority.

30. (l) Recovery of Possession for Construction on
Garden or Grounds Appurtenant
✓that where the premises are land
in the nature of garden or
grounds appurtenant to a
building or part of a building,
such land is required by the
landlord for the erection of a
new building which a municipal
authority has approved or
permitted him to build thereon
✓Nature of the Land
✓Erection of a New Building
✓Municipal Authority Approval

31. (m) Recovery of Possession for Subletting at
Excessive Rent or Illicit Consideration
✓(m) that the rent charged by the
tenant for the premises or any
part thereof which are sublet is in
excess of the standard rent and
permitted increases in respect of
such premises or part or that the
tenant has received any fine,
premium other like sum of
consideration in respect of such
premises or part; or
✓Subletting at Excessive Rent
✓Illicit Consideration

32. (n) Recovery of Possession for Non-
Utilization of Premises
✓that the premises have not been
used without reasonable cause for
the purpose for which they were
let for a continuous period of six
months immediately preceding
the date of the suit.
✓Non-Utilization of Premises
✓Continuous Period of Six
Months

33. Protection Against Eviction
•Grounds for Eviction
•Condition for Passing
Eviction Decree
•Consideration of Hardship
•Partial Eviction
•Explanation
•No decree for eviction shall be
passed on the ground specified in
clause (g) of subsection (1),
•if the court is satisfied that,
having regard to all the
circumstances of the case
including the question whether
other reasonable accommodation
is available for the landlord or
the tenant, greater hardship
would be caused by passing the
decree than by refusing to pass it.

34. Sec. 16 (2) Hardship Consideration
✓Clause (g) of Sub-section (1)
✓Greater Hardship
✓Landlord Definition

35. Protection of Residence for Armed Forces Personnel
in Cantonment Areas under Section 16(3)
•Applicability of Clause (g) of
Sub-section (1)
•Exclusion in Cantonment Areas
•Premises Let to the Central
Government
•Current Use by Armed Forces
Members or their Families
•A landlord shall not be entitled to
recover possession of any
premises under the provisions of
clause (g) of sub-section (1), if
the premises are let to the
Central Government in a
cantonment area, and such
premises are being used for
residence by members of the
armed forces of the Union. or
their families.

36. Sec. 16 (4) Partial Eviction for Repairs or
Construction
✓Clause (h) or (i) of Sub-section (1):
✓These clauses deal with eviction for the purpose of repairs or
reconstruction. The court may order only partial eviction if it believes
that only part of the premises needs to be vacated to carry out the
necessary work.

37. Sec. 16 (5) Prohibition on Assignment of
Eviction Decrees
✓Unlawful Assignment:
✓Assigning a decree for eviction obtained under specific clauses (g),
(h), (i), or (j) to another party is considered unlawful. This ensures that
the eviction is pursued only for the genuine reasons stated by the
original landlord.

38. Sec. 16 (6) Conditions for Eviction under
Clauses (i) and (j)
✓Funds Availability
✓Proper Planning
✓Equivalent Tenements
✓Undertaking by Landlord
✓Timely Completion

39. Sec. 16 (7) Transfer of Premises
✓If the landlord transfers the premises after recovering possession but
before reoccupying tenants, the transfer must respect the rights of the
tenants to be reinstated in the new construction.

40. Sec. 16 (8) Sub-letting and Rent
Adjustment
✓Proportionate Rent for Sub-let Premises:
✓The standard rent or permitted increase for sub-let premises will be
proportionate to the sub-let area relative to the entire premises.

41. Sec. 16 (9) Terrace and Special Structures
•Terrace and Related Structures: The landlord can recover
possession of terraces and certain structures on the terrace for
demolition and new construction. The court may adjust the rent
accordingly.

42. Sec. 16 (10) Joint Eviction Suits
✓Grounds (h), (i), (j), or (k) of Sub-section (1):
✓The landlord can file an eviction suit against all tenants jointly if the
premises are to be demolished.

43. Recovery of possession for repairs and re-entry
✓Subsection (1): Tenant's Right to Re-Occupation
✓Subsection (2): Tenant’s Procedure for Returning
✓Subsection (3): Landlord’s Obligations
✓Subsection (4): Penal Provisions for Non-Compliance

44. Recovery of possession for occupation etc.,
and re-entry
✓Subsection (1): Tenant’s Right to Re-Occupation
1.Conditions for Re-Occupation:
2.Tenant's Application to the Court:
3.Enforcement of the Order:
✓Subsection (2): Penalty for Non-Compliance
1.Penalty for Not Occupying Premises:
2.Punishment:

45. Section 21 Landlord to intimate to tenant date of completion and
tenant’s right to occupy premises in new building
✓Section 21 addresses situations where a landlord has reconstructed a
building or added a new floor, requiring prior notice to the tenant
regarding reoccupancyrights.
✓It contains two subsections dealing with obligations of both the
landlord and the tenant.

46. Section 21 (1): Obligations of the Landlord
✓1. The landlord must notify the tenant at least three months in advance
of the expected completion date of the new building or floor.
✓2. Upon receiving the notice, the tenant is entitled to reoccupy the
premises assigned by the landlord on the specified date.

47. Section 21 (2): Tenant's Obligations &
Remedies
✓Tenant’s Obligation to Occupy the Premises:
✓1. The tenant must occupy the premises within one month from the
date they are entitled to it.
✓2. Failure to occupy terminates their right, and the landlord may
recover three times the monthly rent.

48. Section 21 (2): Landlord's Failure to
Comply
✓If the landlord fails to comply with subsection (1), they are subject to
legal penalties:
✓• Imprisonment up to 3 months.
✓• Fine up to Rs. 5,000.
✓• Obligation to place the tenant in vacant possession of the premises.

49. Section 22 Recovery of possession in case of
tenancy created during service period.
✓Section 22 addresses the creation of a service tenancy when a landlord
lets premises to an employee. It outlines the rights and obligations
regarding possession of the premises after the employee's service ends.

50. Section 22 (1): Creation of Service Tenancy
✓1. The landlord and employee may enter into a written agreement to
create a service tenancy.
✓2. The tenancy remains valid during the period of the employee's
service with the landlord.

51. Section 22 (2): Recovery of Possession
✓1. If the tenant's service with the landlord ends (retirement,
resignation, termination, etc.), the tenant must vacate the premises
immediately.
✓2. If the tenant or others fail to vacate, the landlord may apply to the
Competent Authority for an eviction order.

52. Provisions for Application
✓• The landlord must apply to the Competent Authority within 30 days
to recover possession.
✓• The Authority may entertain a late application if the landlord had
sufficient cause for delay.

53. Exceptions to Eviction
✓• If the tenant is a workman or employee and their service termination
is under dispute, no eviction order will be passed until the dispute is
resolved by the relevant tribunal or court.

54. Explanation of 'Landlord' in Section 22
✓• In this section, 'landlord' does not include a tenant who has sub-let
the premises or a tenant who has allowed a deemed tenant to occupy
the premises.

55. Landlord’s Entitlement to Recovery of
Possession
✓• Landlords who are retired members of armed forces, scientists, or
government servants can recover possession.
✓• They must apply within one year of retirement, stating premises are
required for personal or family occupation.

56. Certificate Requirement for Armed Forces
✓• The landlord must produce a certificate from the commanding
officer stating they are retired and do not have another suitable
residence in the local area.

57. Certificate Requirement for Scientists
✓• A certificate from the Department of Atomic Energy (or equivalent
institution) must confirm the scientist’s retirement and the absence of
other suitable residences.

58. Certificate Requirement for Government
Servants
✓• Government servants need a certificate from their department head
confirming their retirement and lack of other suitable housing.

59. Successor-in-Interest’s Right to Recover
Possession
✓• Successors (spouse or family) can recover possession if the landlord
dies in service or within one year of retirement.
✓• They must provide relevant certificates proving their relationship
and need for the premises.

60. Exemptions from Recovery of Possession
✓• Landlords cannot recover possession if they purchased the property
while it was already tenanted, except in cases of inheritance or
succession.

61. Key Definitions and Explanation
✓• 'Authorised officer' refers to commanding officers for armed forces
and department heads for government servants.
✓• 'Member of family' includes spouse, children, parents, and
dependents residing with the landlord.
✓• 'Successor-in-interest' refers to the spouse or family member
inheriting the landlord's rights.

62. SPECIAL PROVISIONS FOR RECOVERY
OF POSSESSION IN CERTAIN CASES

63. Section 23 Members of armed forces of the Union, scientist or their
successor in-interest entitled to recover possession of premises
required for their occupation
✓Section 23 provides provisions for recovery of possession of premises
by landlords who are retired members of armed forces, scientists,
government servants, and their successors.

64. Landlord’s Entitlement to Recovery of
Possession
✓• Landlords who are retired members of armed forces, scientists, or
government servants can recover possession.
✓• They must apply within one year of retirement, stating premises are
required for personal or family occupation.

65. Certificate Requirement for Armed Forces
✓• The landlord must produce a certificate from the commanding
officer stating they are retired and do not have another suitable
residence in the local area.

66. Certificate Requirement for Scientists
✓• A certificate from the Department of Atomic Energy (or equivalent
institution) must confirm the scientist’s retirement and the absence of
other suitable residences.

67. Certificate Requirement for Government
Servants
✓• Government servants need a certificate from their department head
confirming their retirement and lack of other suitable housing.

68. Successor-in-Interest’s Right to Recover
Possession
✓• Successors (spouse or family) can recover possession if the landlord
dies in service or within one year of retirement.
✓• They must provide relevant certificates proving their relationship
and need for the premises.
✓Who is a "Successor-in-Interest"?
•The spouse of the deceased landlord.
•If there is no surviving spouse, any other family member of the deceased,
such as children, grandchildren, or parents, who was residing with and
dependent on the deceased at the time of death.

69. When Can a Successor-in-Interest Recover
Possession?
•The landlord dies while still in service (e.g., a
member of the armed forces, government employee,
or scientist).
•The landlord, if retired, dies within a certain time
frame after retirement:
•Within 5 years of retirement in the case of armed forces.
•Within 1 year of retirement in the case of government
servants or scientists.

70. Conditions to be Met by the Successor-in-
Interest
✓Bona fide requirement of premises
✓Certificate from authorised officer – Stating the applicant does not
have any other suitable residence in the local area.
✓Competent authority to issue an order of eviction

71. Exemptions from Recovery of Possession
✓• Landlords cannot recover possession if they purchased the property
while it was already tenanted, except in cases of inheritance or
succession.

72. Definitions and Explanation
✓• 'Authorisedofficer' refers to commanding officers for armed forces
and department heads for government servants.
✓• 'Member of family' includes spouse, children, parents, and
dependents residing with the landlord.
✓• 'Successor-in-interest' refers to the spouse or family member
inheriting the landlord's rights.

74. Section 28 of the Maharashtra Rent Control Act:
Landlord's Right to Inspect the Premises
1.Right to Inspect:
2.Reasonable Time:
3.Prior Notice

75. Section 29 of the Maharashtra Rent Control Act: Landlord
Not to Cut Off or Withhold Essential Supply or Service
1. Prohibition on Cutting Off or Withholding Essential Supply or
Service (Subsection 1)
2. Tenant’s Right to Apply to the Court (Subsection 2)
3. Court’s Power to Issue Interim Orders (Subsection 3)
4. Court’s Final Order and Penalty for Non-Compliance (Subsection 4)
5. Penalties for Landlord’s Conviction (Subsection 5)
6. Joint Application by Tenants (Subsection 6)
7. Explanation of "Essential Supply or Service"
•Essential supplies or services
include:
•Water
•Electricity
•Lighting in passages and
staircases
•Lifts
•Sanitation services

76. Section 31 of the Maharashtra Rent Control Act: Giving
Receipt for Any Amount Received is Compulsory
1. Written Receipt for Every Payment (Subsection 1)
2. Rent Receipts for Family Members of Deceased
Tenant (Subsection 2)
3. Penalty for Failing to Issue a Receipt (Subsection 3)
Fine of up to
₹100 for each day
of default

77. Section 55 of the Maharashtra Rent Control Act:
Tenancy Agreement to be Compulsorily Registered
1. Written and Registered Agreement Mandatory (Subsection 1)
2. Responsibility for Registration on the Landlord (Subsection 2)
3. Penalty for Non-Compliance (Subsection 3)
✓Imprisonment of up to three months, or
✓A fine of up to ₹5,000, or both.

78. Section 56 of the Maharashtra Rent Control Act: Right of
Tenant and Landlord to Receive Lawful Charges
✓Tenant's Right to Receive Lawful Charges (Subsection i)
✓2. Landlord's Right to Receive Lawful Charges
(Subsection ii)
✓3. Regulation of Financial Transactions
✓4. Preventing Unlawful Charges
✓5. Transparency in Financial Dealings

79. Section 33 Jurisdiction of Courts
1.General Provision:
2.Applicability:
3.Jurisdiction in Brihan Mumbai:
4.Jurisdiction in Other Areas:
5.Types of Cases Covered:
6.Exclusivity of Jurisdiction:
7.Withdrawal and Transfer of Cases:

80. Appeal
•Appeals from decrees or orders of Small Causes Courts can be made
to either a bench of two judges (in Brihan Mumbai) or the District
Court (elsewhere).
•Exceptions to appeals include cases where no appeal lies under the
Code of Civil Procedure, small-value rent recovery cases, orders
fixing standard rent or permitted increases, and orders for restoring
essential services.
•Appeals must be filed within 30 days, and no further appeal is allowed
after the first appeal decision.
•In cases where appeals are not allowed, the courts may review the case
for legality.

81. Standard Rent
•If a court or controller fixed the rent under earlier rent control laws,
the standard rent is the fixed rent plus 5%.
•If no rent was fixed by a court or controller, the standard rent is the
rent as of October 1, 1987, or the last rent before that date, plus 5%.
•In certain cases where the court fixes the rent under Section 8, the
court-fixed rent becomes the standard rent.

82. “permitted increase”
✓ means an increase in rent permitted under the provisions of this Act;

83. Sec. 8 Court may fix standard rent and
permitted increases in certain cases.
✓1. Court’s Power to Fix Standard Rent (Sub-section 1)
✓2. Court’s Power to Determine Permitted Increases (Sub-
section 2)
✓3. Tenant’s Application for Fixing Standard Rent or
Permitted Increase (Sub-section 3)
✓4. Interim Orders for Rent Deposit (Sub-section 4)
✓5. No Appeal Allowed (Sub-section 5)
✓6. Joint Applications by Tenants (Sub-section 6)

84. Sec. 14 Landlords’ duty to keep premises
in good repair
1.General Obligation:
2.Notice of Repairs:
3.Tenant’s Right to Repair:
4.Proportional Recovery:
5.Limit on Deductions:
6.Evidence of Expenses:

85. Sec. 16 (h) Recovery of possession for
repairs and re-entry
1.General Principle
2.Reasonable and Bona Fide Requirement
3.Carrying Out Repairs:
4.Court Satisfaction:
5.Implications for Tenants:

86. Section 17 Recovery of possession for
repairs and re-entry.
1.Tenant's Choice of Re-Occupation:
2.Notice of Completion of Repairs:
3.Landlord's Obligations:
4.Penalties for Non-Compliance:

87. Sec. 26 In Absence of Contract Tenant Not to
Sub-let, Transfer, or Give on License
1.General Prohibition:
✓Sub-letting:
✓Licensing:
✓Assignment/Transfer:
3. Contractual Exceptions:
4. State Government's Authority: