Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)
Order Date: 16th September 2026
Case Overview
- Petition filed by original defendant, Swapnil Shaikh Ismail Mohammed, challenging concurrent orders of the executing court that dismissed his objection to the execution of an eviction decree.
- Petitioner argued that at the time the suit was filed, the conveyance deed in favour of the plaintiff was not registered and that the plaintiff had no title; the deed was executed after the eviction decree, allegedly depriving the plaintiff of any right to prosecute the eviction suit.
- The court noted there is no dispute that the defendant was inducted into the suit premises by the plaintiff and that the plaintiff acts as the rent collector.
- Relying on the admitted facts, the court held that both the trial court and the executing court were correct in refusing to entertain the defendant’s objections.
- Under Section 7(3) of the Maharashtra Rent Control Act, 1999, the plaintiff qualifies as a ‘landlord’, thereby possessing the statutory right to file the eviction suit.
- The judge found no illegality or perversity in the reasoning of the impugned orders and therefore saw no ground for interference under Article 227 of the Constitution of India.
Final Outcome
- The writ petition is dismissed, leaving the execution of the eviction decree undisturbed.
Topics: Eviction, Rent Control, Landlord Rights