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Maharashtra Rent Control Act 1999 Overview

This document outlines provisions relating to jurisdiction, suits, appeals, and other proceedings under the Maharashtra Rent Control Act of 1999. It discusses which courts have jurisdiction over rent control cases in Mumbai and other areas. It also describes the process for appeals, noting that appeals in Mumbai go before a bench of two judges of the same court, while elsewhere they go before the district court. Several types of orders are exempted from the appeals process. Time limits are also provided for disposing of suits, proceedings, and appeals.

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Khushi Mishra
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130 views7 pages

Maharashtra Rent Control Act 1999 Overview

This document outlines provisions relating to jurisdiction, suits, appeals, and other proceedings under the Maharashtra Rent Control Act of 1999. It discusses which courts have jurisdiction over rent control cases in Mumbai and other areas. It also describes the process for appeals, noting that appeals in Mumbai go before a bench of two judges of the same court, while elsewhere they go before the district court. Several types of orders are exempted from the appeals process. Time limits are also provided for disposing of suits, proceedings, and appeals.

Uploaded by

Khushi Mishra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

MAHARASHTRA RENT CONTROL ACT, 1999

31.03.2000
PROVISIONS RELATING TOJURISDICTION, SUIT, APPEALS OR OTHER
PROCEEDING

1
S.33 JURISDICTION OF COURTS
BRIHAN MUMBAI COURT OF SMALL CAUSES

AREA IN WHICH PROVINCIAL SMALL CAUSES COURTS ACT, 1887 APPLIES THE SMALL CAUSES COURTS
(2) THE DISTRICT JUDGE MAY WITHDRAW ANY SUCH SUIT, PROCEEDINGS
OR APPLICATION PENDING IN COURT OF SMALL CAUSES AND TRANSFERS
THE SAME TO

COURT OF CIVIL JUDGE ( SENIOR DIVISION) HAVING ORIGINAL


JURISDICTION

ELSEWHERE

- THE COURT OF CIVIL JUDGE( JUNIOR DIVISION) OR CIVIL JUDGE


(SENIOR DIVISION) HAVING ORIGINAL JURISDICTION

2
S. 33(2)(b) THE CIVIL JUDGE (SENIOR DIVISION) TO WHOM THE
PROCEEDINGS ARE TRANSFERRED AFTER WITHDRAWAL MAY EITHER
RE-TRY IT OR PROCEED FROM THE STAGE FROM WHERE IT WAS
WITHDRAWN.

S. 33(2)(c) THE CIVIL JUDGE TRYING THE SUIT, APPLICATION OR


PROCEEDINGS SO WITHDRAWN SHALL BE DEEMED TO BE COURT OF
SMALL CAUSES FOR SUCH SUIT, APPLICATION OR PROCEEDINGS.

3
S. 34 APPEALS

AN APPEAL SHALL LIE ----- IN CASE OF BRIHAN MUMBAI ----- TO BENCH OF TWO DIFEERENT
JUDGES
OF THE SAME COURT

AND IN ANY OTHER CASE

TO THE DISTRICT COURT

EVERY APPEAL SHALL LIE UNDER THIS SECTION WITHIN 30DAYS FROM THE DATE OF THE ORDER
AND PROVISIONS OF S. 4, 5, AND 12 OF LIMITATION CASE MAY ALSO APPLY

NO SECOND APPEAL SHALL LIE AGAINST THE DECISION U/SUBSECTION(1)

WHERE NO APPEAL LIES ---- THE BENCH OF TWO JUDGES AS STATED ABOVE OR DISTRICT COURT
MAY CALL FOR THE RECORDS OF THE CASE AND SHALL PASS SUCH ORDER AS IT
THINKS FIT.

4
S. 34 NO APPEAL SHALL LIE IN THE FOLLOWING CASES –

1. WHERE NO APPEAL LIES UNDER CPC,1908

2. WHERE THE SUIT IF FOR RECOVERY OF RENT AND THE AMOUNT OF VALUE OF SUBJECT MATTER DOES NOT EXCEED
- 10,000/- ----------------------- IN BRIHAN MUMBAI

- PECUNIARY JURISDICTION OF ----------------------- ELSEWHERE


SMALL CAUSES COURT

- AN ORDER UPON APPLICATION FOR FIXING OF S.D. RENT OR P.I. ------EXCEPT------------ SUIT OR PROCEEDINGS
FROM WHICH APPEAL LIES

*SEE S.8(3)(4)(5) * SEE S. 8(1)

- AN ORDER UPON APPLICATION BY TENANT ------------------------ RESTORE ESSENTIAL


SUPPLIES OR SERVICES

5
SAVINGS, COMPENSATION, PROCEDURE, AND LIMITATION PERIOD
1. PROVISIONS OF S. 33 AND 34 SHALL NOT BE DEEMED TO BAR A PARTY TO SUIT OR PROCEEDINGS IN WHICH QS.
OR TITLE ARISES.

2. COMPENSATION = 2000/- TO BE PAID BY PLAINTIFF TO DEFENDANT OR APPLICANT TO OPPPONENT


IN CASE OF FALSE OR FRIVOLOUS OR VEXATIOUS SUIT, PROCEEDINGS OR
APPLICATION.

3. PROCEDURE OF COURT SHALL BE AS PRESCRIBED.

4. TIME LIMIT FOR DISPOSING OFF SUIT OR PROCEEDINGS SHALL BE 12MONTHS FROM SERVICE OF SUMMONS
OR NOTICE AS THE CASE MAY BE.
TIME LIMIT FOR DISPOSING OFF THE APPEAL SHALL BE 6 MONTHS FROM THE DATE OF SERVICE OF NOTICE OF
APPEAL ON RESPONDENT.

6
PALAK SINGHAI
[Link].B. L.L.M.(BUSINESS LAWS)

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