Bombay High Court Refers Key Question on Landlords’ Right to Seek Delay Condonation in Rent Disputes

The Bombay High Court has referred an important legal question to a Larger Bench regarding whether landlords can seek condonation of delay when filing revision petitions under the Maharashtra Rent Control Act, 1999 after the prescribed 90-day limitation period has expired.

The issue arose in a case filed by a retired Lieutenant Colonel whose eviction application against a tenant had been dismissed by the Competent Authority. Although the officer subsequently challenged that decision before the revisional authority, his petition was filed 12 days late. The Additional Commissioner refused to condone the delay, holding that the statute did not grant such power.

While examining the challenge to that order, Justice Rajesh S. Patil observed that the matter raises a significant question affecting special categories of landlords, particularly members of the Armed Forces, who are granted certain protections under the rent control framework.

The court noted that these provisions were enacted to address the unique difficulties faced by defence personnel who often leave their properties during service and later struggle to regain possession.

The High Court also pointed out that earlier judgments holding that delay cannot be condoned under Chapter VIII of the Act largely dealt with proceedings initiated by tenants. According to the court, those decisions did not fully examine the position of landlords seeking relief under the special provisions of the legislation.

Observing that a contrary interpretation could leave some landlords without an effective remedy, the court held that the issue requires authoritative determination. The matter has therefore been placed before the Chief Justice for constitution of a Larger Bench to decide whether revisional authorities can condone delays in landlord-filed revision petitions under Section 44 of the Act.