Search Results for "condition against eviction"

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Search Results for "condition against eviction"

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High Court

Bombay High Court Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent.

15 Oct 2024

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. Th...

High Court

High Court of Karnataka Allows Appeal in Possession Suit, Remands Case for Fresh Consideration on Tenant's Claim of Ownership and Adverse Possession. The court set aside the trial court's decree for possession and damages, finding that the defendant's plea of adverse possession and the validity of the gift deed were not properly adjudicated.

9 Jan 2024

The appellant-defendant, Sri T.A. Kaleemulla, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment...

High Court

Bombay High Court Dismisses Son's Petition Challenging Tribunal Order to Vacate Mother's Tenement Under Senior Citizens Act. Mother's right to reside in her own property upheld against son's claim of ownership.

18 Jan 2022

The case involves a writ petition filed by Suryakant Kisan Pawar, the son of respondent No.2, Smt. Kusum Kisan Pawar, a senior citizen. The mother own...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

Supreme Court

Supreme Court Dismisses Appeal of Spouse of Deceased Tenant in Eviction Case Under West Bengal Premises Tenancy Act, 1997 — Holds That Spouse Is Not Entitled to Lifetime Protection or Right of Preference for Fresh Tenancy in Non-Residential Premises. The Court Identifies a Casus Omissus in Section 2(g) but Declines to Fill the Gap by Judicial Interpretation.

26 Nov 2019

The appeal arose from a judgment of the Calcutta High Court affirming a decree for eviction under the West Bengal Premises Tenancy Act, 1997. The appe...

High Court

Bombay High Court Upholds Eviction of Tenant for Unauthorized Subletting and Misuse of Premises Under MHADA Act. Tenant failed to prove lawful sub-tenancy and used residential premises for commercial purposes, violating terms of allotment.

7 Apr 2016

The petitioner, Dr. Ashok Trivikram Wagle, was a tenant of a residential premises owned by the Maharashtra Housing and Area Development Authority (MHA...

High Court

Bombay High Court Allows Trust's Eviction Petition Under Maharashtra Tenancy Act — Legal Heirs Not Entitled to Protection After Death of Original Tenant. The court held that Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, does not protect legal heirs of a deceased tenant, and the eviction order was restored.

23 Feb 2016

The petitioner, Vidarbha Maharogi Seva Mandal, a public trust, filed an application under Section 120(c) of the Maharashtra Tenancy and Agricultural L...

High Court

High Court of Karnataka Dismisses Tenants' Revision Petitions in Eviction Cases — Landlord's Bona Fide Requirement for Demolition and Reconstruction Established. Eviction orders under Section 21(1)(h) of the Karnataka Rent Act, 1999 upheld as tenants failed to prove hardship outweighs landlord's need.

3 Jul 2015

The case involves three revision petitions filed by tenants (Vinod G., Dr. Narayuan Waddinnavar, and Meena Pawar) against a common order dated 04.02.2...

High Court

Bombay High Court Allows Revision Against Eviction Order Under MMC Act — Agreement for Sale Does Not Confer Corporation Premises Status. Premises Not Owned or Vested in MCGM, Hence Eviction Proceedings Under Chapter VA of Mumbai Municipal Corporation Act, 1888 Not Maintainable.

24 Apr 2015

The case involves a Civil Revision Application filed by the legal representatives of late Laxman Keshav Kudalkar against an eviction order passed by t...

High Court

High Court of Karnataka Upholds CAT Order Allowing Retention of Government Accommodation for Transferred Employee Until Alternate Accommodation Provided. Transfer of civilian employee does not warrant immediate eviction without ensuring alternate accommodation.

20 Feb 2014

The case involves a challenge by the Union of India and other petitioners against an order of the Central Administrative Tribunal (CAT), Bangalore Ben...

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