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Search Results for "landlord's title"

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High Court

Bombay High Court Upholds Lease Rent Revision Based on Ready Reckoner Rates for Housing Societies in Bandra. Court holds that linkage of lease rent to land value is not per se prohibited and the Government Resolutions of 2006, 2012, and 2018 are constitutionally valid.

10 Jul 2024

The Bombay High Court, in a batch of writ petitions, upheld the constitutional validity of Government Resolutions (GRs) dated 29th May 2006, 12th Dece...

Supreme Court

Supreme Court Dismisses Appeals in Land Reforms Case Upholding High Court's Remand Order. Fraud in Obtaining Occupancy Rights Under Karnataka Land Reforms Act, 1961 Vitiates Proceedings, Justifying Remand for Fresh Disposal Despite Delay.

31 Mar 2022

The appeals arose from a judgment of the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.1563 of 2007 connected with Writ...

Supreme Court

Supreme Court Allows Appeal in Karnataka Land Reforms Act Case — Restores Land Tribunal's Order Granting Occupancy Rights. Possession and Cultivation of Punja Land as on Appointed Date Sufficient to Establish Tenancy Under Sections 44 and 45 of the Karnataka Land Reforms Act, 1961.

23 Apr 2019

The Supreme Court allowed the appeal against the High Court's judgment that had set aside the Land Tribunal's order granting occupancy rights to the a...

Supreme Court

Supreme Court Allows Appeal in Karnataka Land Reforms Case — Restores Land Tribunal's Grant of Occupancy Rights Over Punja Land. The Court held that the High Court erred in setting aside the Tribunal's findings of fact regarding possession and cultivation as on the appointed date.

23 Apr 2019

The case involves a dispute over occupancy rights under the Karnataka Land Reforms Act, 1961. The appellant's predecessor, Bona Menezes, claimed tenan...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Tenant's Denial of Landlord's Title and Non-Payment of Rent Justify Forfeiture of Tenancy. Denial of title in reply to notice of attornment amounts to forfeiture under Section 111(g) of Transfer of Property Act, 1882, and arrears of rent for 137 months justify eviction under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

22 Mar 2018

The case involves a Civil Revision Application filed by the applicants (tenants) challenging the judgment and order dated 06/12/2016 passed by the Dis...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

Bombay High Court Allows Landlord's Writ Petition in Rent Control Case — Appellate Court's Reversal of Eviction Decree Set Aside for Ignoring Evidence of Bona Fide Need and Default. The court held that the appellate court failed to properly consider the landlord's bona fide requirement and the tenant's default in payment of rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

8 Jan 2015

The petitioners, Subhash Narsopant Saundankar and Mangilal Laxman Saundankar, are the legal representatives of the original landlord Shantabai, who fi...

High Court

Bombay High Court Dismisses Petitions Challenging Land Tribunal Orders in Tenancy Dispute. Court upholds concurrent findings that petitioners failed to prove personal cultivation and that tenants were entitled to purchase land under Bombay Tenancy and Agricultural Lands Act, 1948.

7 Dec 2010

The judgment pertains to two writ petitions filed by Madhav Dashrath Vahadane and Nivrutti Dashrath Vahadane (petitioners) challenging orders passed u...

High Court

Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

19 Dec 2005

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

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