LT. COL. RETD. JAIGOPAL NAGARAJAN Vs. VASUDEV MARIWALA

JUDGEMENT

(1.) The narrow controversy involved in the present petition has been noted in the order dtd. 9/1/2026, "Whether the Revisional Authority u/S. 44 of the Maharashtra Rent Control Act, 1999, has power to condone the delay if the revision is filed beyond a period of 90 days?"

(2.) The Petitioner is a retired Army officer, who had filed eviction proceedings in the year 2008 against the Respondent before the "Competent Authority," being Application No. 32 of 2008, u/S. 23(A) of the Maharashtra Rent Control Act claiming therein a relief of eviction, possession and arrears of monthly amount from March 2004 with respect to Flat No. 15 situated at Graficon Paradise C.H.S.Ltd., 4th Floor, Kondwa, Pune (hereinafter referred as "suit flat). There is no dispute that Petitioner is the owner of the suit flat. The Competent Authority by its order dtd. 27/8/2009 dismissed the Application No. 32 of 2008 filed by the Petitioner on the ground that Petitioner has not obtained necessary Certificate as contemplated under Sec. 23 (A) (a) and did not prove that he is the landlord within the definition of Sec. 23 and that the Application u/S. 23 was not maintainable. However, the ground of bona fide need was answered in favour of the Petitioner.

(3.) I have heard the Ld. Counsel for the parties and the amicus curiae Ld. Senior Counsel Mr. Girish Godbole. Before I go into the issue involved in this matter, the legislative history of the Rent Act in the State of Maharashtra needs to be looked into.