Search Results for "tenants challenge"

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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Bombay High Court Allows Tenants' Petition Against Demolition of Cessed Building Without Compliance with Section 354 of MMC Act and DCR 33(7) — Held that Municipal Corporation must follow statutory procedure before demolition of dilapidated buildings.

The petitioners, tenants residing in a cessed building known as Martand Prasad Building in Malad (West), Mumbai, filed a writ petition challenging the...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Civil Suit on Tenancy Grounds. The court held that the issue of tenancy must be determined by the civil court as a preliminary issue under Section 9A CPC, not by tenancy authorities, as the tenancy claim was not bona fide.

The petitioners, legal representatives of the deceased original defendant, challenged an order dated 5/10/2017 passed by the Civil Judge Junior Divisi...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent.

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 12.4.2005 passed by the First Additional ...

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Bombay High Court Dismisses Tenants' Petition Challenging Termination of Agricultural Tenancy for Bona Fide Personal Cultivation. Landlord's Successor in Interest Entitled to Resume Possession Under Section 31 of Bombay Tenancy and Agricultural Lands Act, 1948.

The petitioners, tenants of agricultural land, challenged the judgment and order dated 30 December 1988 of the Tenancy Awal Karkun, Shirala, and the s...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Land Revenue Dispute — Finds No Error in Revenue Authority's Order Based on Prior Civil Court Decree. Mutation Entry Does Not Confer Title and Petition Barred by Delay and Laches.

The petitioners, legal heirs of Laxman Shankar Bandgar, filed a writ petition challenging the order of the Deputy Collector (Land Reforms), Latur, dat...

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Bombay High Court Allows Tenants' Petition Quashing Exemption Certificate Under Section 88-B of Bombay Tenancy Act. Trust Not Registered on Tillers Day Cannot Claim Exemption; Tenants' Rights Vest on 1st April 1957.

The petitioners, tenants of agricultural lands owned by a public trust, challenged a certificate of exemption granted under Section 88-B of the Bombay...

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Bombay High Court Dismisses Writ Petition Challenging Eviction from Port Trust Land — Lease Expired, Occupants Held Trespassers. Petitioners' Challenge Fails as They Had Alternative Remedy Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioners were occupants of plots on land belonging to the Board of Trustees of the Port of Bombay. They had been granted leases which had expir...