Neeta Sawant2/2 27-SA-678-2023.docx
8 February 2024
agreement dated 22 November 2009 came to an end in the year 2014.
The First Appellate Court has recording a finding that the provisions
of the Maharashtra Rent Control Act, 1999 are not applicable to the
suit property and that the Agreement will therefore have to be treated
as a lease within the meaning of the provisions of the Transfer of
Property Act. On expiry of period of lease, I do not see any reason why
the Appellant can demand that he must he permitted to occupy the
suit premises. It also appears that the Defendant attempted to
purchase one-third share from one of the Plaintiffs in respect of the suit
property. If that is the case, it is for the Appellant to assert his
ownership rights in respect of one-third share that he has purchased.
In absence of any right to remain in the suit premises, after expiry of
the Rent Agreement, the decree of ejectment granted by the Trial
Court cannot be faulted. I therefore do not see any serious error in the
orders passed by the Trial Court and the first Appellate Court. No
substantial question of law is involved in the Appeal. The Appeal is
accordingly rejected.
