Search Results for "plaintiff's residence"

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Search Results for "plaintiff's residence"

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High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decrees on Grounds of Unauthorized Subletting, Bonafide Requirement, and Default in Rent Payment. Concurrent findings of fact by lower courts on unauthorized subletting, bonafide requirement, and default under the Maharashtra Rent Control Act, 1999 were upheld as no jurisdictional error was found.

11 Oct 2024

The dispute pertains to eviction proceedings initiated by the landlord-respondent against the tenant-petitioners in respect of a shop premises in Kolh...

High Court

Bombay High Court Allows Tenant's Petition in Eviction Suit — Landlord Failed to Prove Bona Fide Need for Residential Premises Under Section 16 of Maharashtra Rent Control Act, 1999. Tenant's Use of Rear Rooms for Storage and Occasional Stay Did Not Constitute Subletting or Change of User.

28 Nov 2017

The petitioner, a tenant, challenged the judgment and order dated 11th August 1999 passed by the Additional District Judge, Thane, which partly decree...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Tenant's Daughter Fails to Establish Independent Tenancy Rights. Succession to tenancy under Section 5(11)(c) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 requires residence with deceased tenant as member of family up to death; mere residence after death does not confer tenancy rights.

23 Mar 2017

The case arises from a civil revision application filed by Shila Ramchandra Sachdeva, the defendant in Regular Civil Suit No. 260 of 2007, challenging...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree for Non-User and Subletting of Tenanted Shop. Tenant's Use of Premises as Godown for Grocery Items Held to Be Change of User and Subletting to Brother Constitutes Unauthorized Transfer.

7 Aug 2024

The case involves a civil revision application filed by the defendants (tenants) against a decree of eviction passed by the trial court and confirmed ...

High Court

High Court of Bombay Asserts Jurisdiction in Writ Petition Against Income Tax Demands Post-Transfer of Jurisdiction. Court Holds That Cause of Action Arose in Part Within Its Territory Due to Amalgamation and Transfer Under Section 127 of Income Tax Act, 1961, Directing Production of Underlying Orders and Staying Recovery.

24 Mar 2026

The dispute involved a writ petition filed by Petitioner under Article 226 of the Constitution of India, challenging outstanding income tax demands to...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Commercial Suit. Court holds that plaint discloses cause of action and is not barred by law, as the claim for recovery of investment and damages is based on alleged oral agreement and understanding between parties.

9 Oct 2025

The petitioners, defendants in a commercial suit, challenged an order of the City Civil Court dismissing their application for rejection of the plaint...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved Due to Lack of Independent Witnesses and Discrepancies in Evidence. The court upheld the dismissal of the suit for specific performance as the plaintiff failed to prove the execution of the agreement to sell and did not show readiness and willingness to perform the contract.

1 Apr 2026

The present First Appeal is filed by the heirs of the original Plaintiff challenging the Judgment dated 19th December 2007 passed by the Bombay City C...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Non-Compliance with Order 41 Rule 27 CPC and Lack of Evidence of Readiness and Willingness. Plaintiff failed to prove continuous readiness and willingness to perform contract for sale of land, and additional evidence sought was not allowed as it was not shown to be beyond appellant's control.

10 Apr 2024

The appeal arises from a suit for specific performance of an agreement to sell dated 15.05.1978 executed by the respondent-defendant in favor of the a...

High Court

Bombay High Court Allows Civil Revision Application in Property Dispute Over Succession Certificate — Held That Succession Certificate Is Not Necessary for Claiming Title by Adverse Possession or Will. The court clarified that a succession certificate under the Indian Succession Act, 1925 is not a prerequisite for filing a suit for declaration of title based on a Will or adverse possession, and that the Civil Court has jurisdiction to decide such matters.

14 Nov 2025

The case involves two cross civil revision applications arising from a property dispute between Maharukh Mediomah Patel (applicant in CRA/64/2021) and...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Bonafide Requirement of Landlord Upheld. Tenant's Claim of Availability of Alternate Premises Rejected as Landlord Cannot Be Compelled to Use Residential Premises for Commercial Purpose Under Maharashtra Rent Control Act.

4 Oct 2024

The case involves a Civil Revision Application filed by the defendant-tenant (Parshuram Chunilal Kanojiya) challenging the eviction decree passed by t...

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