In a significant ruling by the Hon'ble Bombay High Court (“High Court”), a single judge bench dismissed a plea filed by the Petitioner, Britannia Industries Ltd. (“Britannia/ Petitioner”), the landlord of Maya Alagh (“Respondent”), seeking to fix the monthly rent for her apartment located in IL Palazzo, Malabar Hill, at ₹ 6,00,000/- (Rupees Six Lakh Only). Instead, the Hon'ble High Court upheld the order dated 21 February 2019 passed by the appellate bench of the Small Causes Court, which had set the standard rent at ₹ 805 per month for the Respondent's 12th-floor apartment, subject to an annual increase of 4% and applicable society charges.
The background of the case is that the Respondent's husband, Sunil Alagh, had previously worked for Britannia, a well-known biscuit manufacturer in India. Sunil Alagh joined Britannia as a group product manager and later became its managing director in March 1989. Initially, Britannia provided a flat in Navroze Apartments, located at Bhulabhai Desai Road, to Alagh's wife and children, who lived separately after his transfer to Bangalore. After an initial round of litigation over rent, in July 1995, Britannia Industries offered the Respondent the flat in IL Palazzo for a monthly rent of ₹ 805, along with additional society charges. She shifted to the new place in August 1995.
However, 10 years later, in 2005, Britannia filed a suit in the Small Causes Court, seeking a rent of ₹ 2,75,000 per month. The Respondent countered this by seeking a plea before the same court for fixing the standard rent, and in 2017, a single judge bench of the court fixed the standard rent at ₹ 10,880 per month. Dissatisfied with the 2017 order, both the Respondent and Britannia approached the appellate bench of the Small Causes Court, seeking a review. The appellate bench, on 21 February 2019, dismissed Britannia's appeal and allowed the appeal filed by the Respondent, reducing the standard rent to ₹ 805 per month along with the 4% annual increase and leviable charges such as taxes and maintenance.
In 2019, Britannia challenged the order of the appellate bench of the Small Cause Court in the Hon'ble High Court. The central argument arose from the conflict between the differing provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act) and the Maharashtra Rent Control Act, 1999 (MRC Act) regarding standard rent for tenancies created between October 2, 1987, and January 30, 2000. Specifically, the MRC Act retrospectively deleted the provision for fixing standard rent for tenancies after October 1, 1987, raising the question of whether the standard rent established under the Bombay Rent Act can still be enforced in light of this change.
However, Hon'ble High Court held there is no legislative fixation or determination of standard rent under Section 7(14)(b)(ii) of the MRC Act in respect of premises let after 1 October 1987. Therefore, the Hon'ble Court held that since the MRC Act does not allow standardizing rent for tenancies created after 1 October 1987, the relevant provisions of the earlier Bombay Rent Act would govern these tenancies. Therefore, the contractual rent agreed between the parties – ₹ 805 in the Respondent's case – would be considered the standard rent.
This ruling affirms the tenant's rights and upholds the decision to maintain the rent at ₹805 per month for the Respondent's apartment in IL Palazzo, Malabar Hill.
MHCO Comment: This case reflects ongoing tensions in Mumbai's real estate market, where rent control laws aim to protect tenants but often lead to protracted legal disputes. The ruling may set a precedent for similar cases, allowing other tenants in comparable situations to maintain their rental agreements at historically low rates. However, it also raises questions about the sustainability of such laws in a rapidly evolving urban landscape, where property values continue to rise dramatically.
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