Bom HC: Court cannot declare more than one person as tenant U/S 5 (11) (c) of Bombay Rent Act

 In Vimalabai Keshav Gokhale vs. Avinash Krishnaji

Binjewale & ors (supra) contention of the respondents therein that

section 5 (11) (c) of the Bombay Rent Act would enable each and

every member of the tenant’s family to claim an independent right

in respect of the tenancy was rejected and it was held that any

member would mean ‘any one member.’

40. In Smt.Parvatibai w/o Bandu Marathe vs Smt Radhabai

Chaggan Bhadarkar decd by her legal heirs (supra), a learned Single

Judge of this Court held that it is only one member of the family who

can be recognized as a tenant by the Court and not all members

residing in the premises at the time of demise of the original tenant.

41. In Shamkant Tukaram Naik vs Dayanabai Shamsan

Dighodkar (supra) a learned Single Judge of this Court held that the

words “ any member of the tenant’s family residing with the tenant at

the time of his death” as used in section 5(11)(c) would not enable

each and every member of the tenant’s family to claim an

independent right in the tenancy, in respect of the tenanted premises.

It was held that ‘any member’ would mean only “one member”.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

Writ Petition No. 2371 OF 1997

Vasant Sadashiv Joshi.  Vs  Yeshwant Shankar Barve

CORAM : G.S.Kulkarni, J.

DATE : 3 JANUARY, 2020

Read full judgment here: Click here

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