Tenant Rent Deposit Under Section 15(3) Maharashtra Rent Control Act Does Not Bar Suit Continuation

sketch of the Bombay High Court
Case
HITESH ANANTRAI MEHTA v. SAU. PREMLATA W/O RAMESHKUMAR VYAS (Bombay High Court, 05-10-2026)
Law
Code of Civil Procedure, Maharashtra Rent Control Act.

Highlights of the Judgment:

  • Examination of whether compliance with Section 15(3) of the Maharashtra Rent Control Act bars a rent eviction suit.
  • Application of Order VII Rule 11 of the Code of Civil Procedure regarding rejection of plaints based on subsequent rent deposits.
  • Interpretation of statutory independence between Sections 15(1), 15(2), and 15(3) of the Maharashtra Rent Control Act.
  • Assessment of whether payment of arrears under protest extinguishes a landlord's cause of action for eviction.
  • Application of judicial precedents distinguishing between a statutory bar to passing a decree versus a bar to continuing a suit.