Search Results for "tenant's ownership"

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Bombay High Court Dismisses Petitions Challenging Arbitration Award in Property Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award based on joint family property partition and limitation, finding no patent illegality or perversity.

The petitioners, who were members of a joint family, challenged an arbitral award passed in a partition dispute. The award had been made by an arbitra...

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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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Tenant Ordered to Vacate Property Due to Rent Arrears and Bonafide Requirement. Court Upholds Landlord's Claim of Bonafide Need and Rent Default, Orders Eviction.

The High Court of Judicature at Bombay upheld the decisions of the Small Causes Court and the District Court, Pune, directing the defendant (tenant) t...

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Supreme Court Allows NDMC Appeals in Property Tax Dispute — Upholds Unit Area Method as Valid. The impugned Bye-laws are not ultra vires the NDMC Act, 1994, as they fall within the rule-making power under Section 388 and are consistent with Section 63.

The Supreme Court allowed the appeals filed by the New Delhi Municipal Council (NDMC) against the Delhi High Court judgment dated August 10, 2017, whi...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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Bombay High Court Dismisses Petition in Eviction Suit — Licensee Cannot Claim Tenancy Rights. Relationship of licensor and licensee established; no tenancy created despite payment of monthly compensation.

The case involves a suit for eviction instituted in 1983 by the respondent (original plaintiff) against the original defendant (now deceased, represen...

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Bombay High Court Dismisses Tenant's Petition Against Eviction Decree for Default in Rent Payment Under Bombay Rent Act. Concurrent findings of default and failure to comply with Section 12(3)(a) of the Bombay Rent Act, 1947 upheld.

The petitioner, a tenant of a room in Nashik since more than 25 years at a monthly rent of Rs. 14.04 inclusive of education cess, was sued for evictio...