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High Court of Karnataka Allows Tenant's Revision Against Eviction Order in Execution Proceedings — Compromise Decree Not Violated as Lease Deed Was Not Part of Decree. Executing Court Cannot Go Beyond Decree Terms; Alleged Violation of Lease Deed Not Enforceable in Execution Under Section 115 CPC.

The petitioner, Smt. R. Sharmila, was a tenant in a property owned by the respondent, B. Devakumar. The respondent filed O.S.No.755/2011 for ejectment...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Karnataka High Court Dismisses Appeal in Rent Recovery Suit — Upholds Trial Court Decree for Arrears of Rent and Interest. Defendant failed to prove payment of rent for disputed period; plaintiff entitled to recovery of Rs.6,29,249/- with interest at 6% p.a. from date of suit till realization.

The present Regular First Appeal was filed by the defendant, M/s. Hinduja Fashions, against the judgment and decree dated 6.11.2015 passed by the VII ...

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Bombay High Court Sets Aside Unconditional Stay of Eviction Decree for Open Land Not Covered by Rent Control Act. Appellate Court Directed to Reconsider Stay Application Applying Correct Principles of Irreparable Loss and Balance of Convenience.

The Petitioner, Mr. Mujibur Rehman Haji Israr Alam Siddiqui, filed a Writ Petition under Article 227 of the Constitution of India challenging an order...

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Bombay High Court Upholds Eviction of Tenant for Unauthorized Subletting and Misuse of Premises Under MHADA Act. Tenant failed to prove lawful sub-tenancy and used residential premises for commercial purposes, violating terms of allotment.

The petitioner, Dr. Ashok Trivikram Wagle, was a tenant of a residential premises owned by the Maharashtra Housing and Area Development Authority (MHA...