LAWS(BOM)-2008-12-43

KAMLABAI LAXMAN MUTRAJ Vs. BHERUMAL VERIMAL HARAN

Decided On December 19, 2008
KAMLABAI LAXMAN MUTRAJ Appellant
V/S
BHERUMAL VERIMAL HARAN Respondents

JUDGEMENT

(1.) The petitioner-tenant has challenged the order of appointment of Commissioner on application filed by the landlord under Order 26, Rule 9 of the Code of Civil Procedure (for short, "C.P.C").

(2.) The contentions are that the application filed during the cross-examination of the tenant, ought not to have been allowed; the revision ought not to have been dismissed on the ground of maintainability.

(3.) The basic dispute between the landlord and the tenant is now governed by the Maharashtra Rent Control Act, 1999 ("Man. Rent Act"). The relevant section is as under:-