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Summary procedure under Maharashtra Rent Control Act

Summary Procedure under MRCA Maharashtra Rent Control Act, enacted in the year 1999, is a welfare legislation that protects the interests of tenants and recognizes the rights of the landlord. This act provides a special procedure of eviction for certain categories of landlords. These provisions are included to give protection to certain categories of landlords and ensure the speedy dismissal of eviction disputes. Under chapter VIII, sections 39 to 52 discuss this procedure in detail. Important Provisions : Summary procedure under Maharashtra Rent Control Act CHAPTER VIII SUMMARY DISPOSAL OF CERTAIN APPLICATIONS S.39 Provisions of this Chapter to have over-riding effect.S.40 Appointment of Competent Authority.S.41 Definition of landlord for Chapter VIII.S.42 Special provision for making an application to the Competent Authority by alandlord to evict a tenant or licensee.S.43 Special procedure for disposal of applications.S.44 Order of Competent Authority to be non-appealable and revision by the StateGovernment. What is a Summary Suit? A summary suit is a type of legal proceeding that is designed to ensure the speedy disposal of certain matters, where the defendant has no real defence. Summary suit procedure focuses on the quick resolution of disputes. S.39 Provisions of this Chapter to have over-riding effect S.39 comes with a non-obstante clause, which gives the provisions of this Chapter or any rule made thereunder a notwithstanding effect. Anything inconsistent with the provisions of this chapter, in the Act, or in any other law will be overridden. This section makes the whole chapter important over any other provision or law. S.40 Appointment of Competent Authority S. 40 directs the state government to appoint the competent authority, which is empowered with certain powers and functions. The State Government may, by notification in the Official Gazette, appoint one or more persons to be called the Competent Authority. One or more such Competent Authorities may be appointed for one or more such local areas. A person to be appointed as a Competent Authority shall be: S.41 Definition of landlord for Chapter VIII Chapter VIII states about summary disposal, but it is not available for every dispute governed by this act. The title of this chapter states that only certain matters can be disposed of through this procedure. Only a certain category of landlords can seek summary disposal. S. 41 defines the landlord who can seek summary disposal. The following landlords are included in the definition: Only this category of landlords can seek summary disposal. S.42 Application to the Competent Authority by a landlord to evict a tenant or licensee A landlord defined under section 41 can file an application as if it were a plaint, for eviction of the rented or licensed premises. Subject to the provisions of section 22 or 23 or 24, as the case may be, a landlord may submit an application to the Competent Authority, signed and verified in a manner provided in the Order VI rules 14 and 15 of the Civil Procedure, 1908. Provided, Authority must have jurisdiction over the area in which the premises are situated. S.43 Special procedure for disposal of applications S. 43 lays down the special procedure for the disposal of applications. This procedure ensures that a matter is quickly disposed of through day-to-day hearings without delay. The procedure ordinarily includes the following steps- S.44 Order of Competent Authority to be non-appealable and revision by the StateGovernment Section 44 grants protection to the order of the competent authority passed during the summary procedure by making it non- appealable. While no appeal is allowed, this section provides the alternate remedy of revision. Although these orders are non appealable but state government has the power of revision. Conclusion The Maharashtra Rent Control Act, 1999, is a welfare legislation. Through its provisions of summary procedure, it protects the rights and interests of certain categories of landlords. This ensures speedy disposal of cases and forms a part of effective enforcement mechanism of the act.