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High Court

High Court of Karnataka Dismisses Revision Petition in Partition Suit — Order Rejecting Application for Judgment on Admissions Upheld. Court held that admissions must be clear and unequivocal for judgment under Order 12 Rule 6 CPC, and disputed questions of fact cannot be decided in such application.

4 Aug 2023

The petitioner, who is the first defendant in a suit for partition and separate possession, filed a revision petition under Section 115 CPC challengin...

High Court

Bombay High Court Allows Writ Petition in Tenancy Dispute — Restoration of Tehsildar's Order for Purchase Price Fixation. Amended provisions of Sections 32-K(3), 32-M, and 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948 apply to pending proceedings, entitling tenant's heirs to purchase land at price fixed by ALT.

14 Feb 2023

The case involves a dispute over agricultural land Survey No. 36, Gat No. 217, admeasuring 11 Acres and 16 Gunthas, situated at Village Sheri Kavathe,...

High Court

Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Upholds Concurrent Findings of Tenancy and Subletting. Landlord's claim for possession under Section 16 of the Maharashtra Rent Control Act, 1999 fails as subletting was not proved and tenant's possession was lawful.

27 Apr 2020

The case involves two civil revision applications arising from a dispute between the landlords (M/s. K. B. Lahoti and Company and others) and the tena...

High Court

Bombay High Court Dismisses Tenant's Petition Against Eviction in Rent Control Dispute — Subletting and Unauthorized Occupation Established. Tenant failed to prove lawful succession or consent of landlord for occupation by cousin, leading to eviction under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

3 Jan 2020

The petition was filed by Vasant Sadashiv Joshi (petitioner no.1) and his family members, who were original defendant no.2 in a suit for eviction file...

High Court

Bombay High Court Allows Landlords' Revision in Eviction Suit, Remands for Fresh Consideration on Subletting and Bona Fide Need. Court holds that appellate court failed to properly consider evidence of subletting and that the tenant's claim of part performance under Section 53A of Transfer of Property Act, 1882 was not established.

15 Jul 2019

The applicants, original plaintiffs and landlords, filed an eviction suit against the sole defendant-tenant in the Court of Small Causes at Bombay. Th...

High Court

Bombay High Court Hears Writ Petition Challenging Revisional Order Directing Execution Court to Follow Order 21 CPC for Judgment-Debtors' Objections to Consent Decree. The petition concerns execution of a consent eviction decree under the Maharashtra Rent Control Act, 1999, where the judgment-debtors claimed the decree was void due to non-joinder of the landlord.

21 Jul 2017

The petitioner, a monthly tenant of certain premises, sub-let the same to the respondent firm for running a school. Alleging unauthorized commercial u...

High Court

Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Tenant's Application for Standard Rent Under Section 11(2) of Bombay Rent Act Protects Against Eviction for Arrears. The court held that a tenant who applies for standard rent before the suit is filed is not in default and cannot be evicted for arrears under Section 12(3)(a) of the Bombay Rent Act, 1947.

11 Jul 2017

The case involves a landlord (petitioner) who sought eviction of a tenant (respondent) from an open space admeasuring 6 ft X 6 ft at Survey no.553 at ...

High Court

Bombay High Court Allows Revision in Suit for Possession Under Section 6 of Specific Relief Act — Plaintiff's Prior Possession Established Despite Temporary Absence. Possession Through Tenant is Sufficient for Summary Suit Under Section 6 of Specific Relief Act, 1963.

18 Feb 2016

The dispute arises out of a suit under Section 6 of the Specific Relief Act, 1963, concerning Plot No. 8 in the layout of Uruvila Cooperative Housing ...

High Court

High Court of Karnataka Dismisses Tenant's Appeal in Possession Suit — Sub-Lease Without Consent Validates Eviction. Tenant's unauthorized sub-lease of suit premises to third parties constitutes ground for eviction under Section 108(h) of Transfer of Property Act, 1882, and landlord entitled to possession and mesne profits.

9 Oct 2015

The plaintiff, Mohammad Ali, filed a suit for recovery of possession and arrears of rent against the first defendant, Surendra Darappa Shetty, and two...

High Court

Bombay High Court Dismisses Landlord's Petition in Rent Control Case — Composite Tenancy Not Severable Without Consent. Landlord's suit for possession of backside room fails as composite tenancy for residence and business cannot be split under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

13 Jul 2005

The petitioner-landlord, Sou. Jayawantibai Popatlal Lunkad, filed a writ petition under Article 227 of the Constitution of India challenging the judgm...

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