Search Results for "eviction stay"

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Search Results for "eviction stay"

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High Court

Bombay High Court Dismisses Petition Challenging Eviction Decree in Leave and License Dispute — Licensee Not Entitled to Protected Tenancy Under Section 15A of Bombay Rent Act as License Expired Before 1 February 1973. The Court held that for claiming deemed tenancy under Section 15A, the licensee must be in occupation under a valid and subsisting license on 1 February 1973; mere continuance in possession after expiry does not confer protection.

27 Sep 2024

The Petitioner (original Defendant) challenged the concurrent decrees of eviction passed by the Trial Court and the Appellate Bench of the Small Cause...

High Court

Bombay High Court Adjudicates Writ Petitions Challenging Eviction Orders under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The dispute centered on whether Shop No. 8 in Indian Mercantile Mansion constituted public premises and whether the original tenant had unlawfully sublet the premises and permitted unauthorized structural changes, thereby rendering the occupants unauthorised under Section 2(g) of the Act.

28 Feb 2017

The dispute pertained to Shop No. 8, Ground Floor, Indian Mercantile Mansion, Mumbai, which was owned by the Oriental Insurance Company Ltd (Insurer),...

High Court

Bombay High Court Dismisses Landlord's Revision Against Tenant in Rent Control Eviction Suit — Notice of Demand Must Be Express Under Section 15(2) of Maharashtra Rent Control Act, 1999. Landlord's Failure to Demand Rent in Notice and Tenant's Regular Deposit of Rent in Court Precludes Eviction on Ground of Default.

21 Oct 2024

The case involves a dispute between the original plaintiffs (landlords) and the defendant (tenant) over eviction from a shop premises. The landlords f...

High Court

Bombay High Court Allows Landlord's Eviction Petition in Rent Control Case on Grounds of Reasonable and Bona Fide Requirement, Subletting, Non-User, and Acquisition of Alternate Accommodation. Landlord's requirement for self and sons for business held genuine; tenant's subletting without consent and non-user proved under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

14 Sep 2017

The petitioners, landlords of commercial premises in Solapur, challenged the judgment of the III Additional District Judge, Solapur, which reversed th...

High Court

Bombay High Court Allows Municipal Corporation's Petition, Restores Eviction Orders Against Tenants for Subletting Under Section 105-B of Mumbai Municipal Corporation Act, 1888. Tenants failed to prove lawful occupation of alleged subtenants, burden of proof not discharged.

27 Apr 2018

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging a common judgment and order dated 31st December 2008 passed by th...

High Court

Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

27 Apr 2020

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

High Court

Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

12 Aug 2011

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

High Court

Madras High Court Dismisses Writ Petition Seeking Stay of Eviction Under Tamil Nadu Land Encroachment Act, 1905 — Alternative Remedy of Statutory Stay Under Section 10-B Available Before Appellate Authority. Petitioner Had Filed Appeal Under Section 10 But Sought Mandamus to Restrain Enforcement; Court Held That Section 10-B Provides for Stay and Petitioner Must Exhaust That Remedy.

21 Jan 2025

The petitioner, Raguram, filed a writ petition before the Madurai Bench of the Madras High Court seeking a writ of mandamus to forbear the second resp...

High Court

High Court of Bombay at Goa Quashes Eviction Order in Rent Control Case — Section 32(4) Application Cannot Be Decided Without Hearing All Parties. The court held that an order under Section 32(4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 directing stoppage of proceedings and possession cannot be passed without hearing the affected parties.

17 Feb 2016

The petitioners, Joel Avelino Noronha and Assuncao Teodosio Serafino Fernandes, challenged an order dated 15/07/2015 passed by the Principal District ...

High Court

Bombay High Court Allows Landlord's Petition in Eviction Case Under Bombay Rent Control Act — Bonafide Need Established. Appeal Court's Reversal of Eviction Order Set Aside as It Failed to Appreciate Scope of Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

23 Jun 2017

The petitioner, Smt. S.O. Suri alias Smt. S.S. Gharati, is the legal representative of the deceased landlord, Shri Om Prakash Suri. The landlord had i...

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