Search Results for "landlord's discretion"

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Search Results for "landlord's discretion"

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High Court

Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Arrears of Rent, Damage, and Unauthorized Construction Under Bombay Rent Act, 1947. Doctrine of Relation Back Not Applicable as Amendment Was Not Allowed to Relate Back to Original Filing Date.

13 Sep 2024

The case involves a civil revision application filed by tenants (Anil Joginder Sachdev and Rajeev Joginder Sachdev) against a decree of eviction passe...

High Court

Bombay High Court Allows Revision Application in Rent Control Eviction Suit — Tenant's Deposit of Arrears Within 90 Days of Suit Summons Held Sufficient Under Section 15(3) of Maharashtra Rent Control Act, 1999. The court found that the trial court's finding that the application for deposit was filed on 10 October 2005 was perverse, as it was actually filed on 3 May 2005, and the deposit made on the next working day after a holiday was valid.

30 Aug 2024

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 26 Fe...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

20 Dec 2024

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

High Court

Bombay High Court Dismisses Petition by Lessee in Lease Renewal Dispute Due to Failure to Prove Timely Notice. Option to Renew Lease Must Be Exercised Before Expiry of Original Term; Notice Given After Expiry Is Invalid Under Clause 3(c) of Lease Deed.

18 Jul 2006

The case involves a lease deed dated 27th August 1956 between Burmah Shell Oil Storage & Distributing Company of India Ltd. (predecessor-in-title of t...

High Court

Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Case — Irregular Deposit of Rent Under Section 15(3) of Maharashtra Rent Control Act, 1999 Does Not Bar Eviction. Tenant's failure to deposit rent regularly despite court order justified decree for possession.

27 Jun 2024

The case involves a dispute between the landlord (respondent) and the tenant (applicant) over eviction from a flat in Mumbai. The landlord filed a sui...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Order Under Goa Rent Control Act — Landlord's Bona Fide Need for Demolition and Reconstruction Established. The Court upheld the eviction order under Section 23(b) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, finding that the landlord's requirement for demolition and reconstruction was bona fide and that the tenant failed to prove any mala fides.

23 Jan 2024

The petitioner, Gracy D'Souza, was the tenant of a premises owned by the original landlady, Ana Rosalina D'Souza (since deceased, represented by her l...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to Gross Delay and Laches. Petitioner's failure to establish tenancy and inordinate delay in challenging notifications under Land Acquisition Act bars relief.

5 Nov 2012

The petitioner, Vinayak Bhaskar Sinai Dhume, filed a writ petition in the High Court of Bombay at Goa challenging notifications dated 7th April 1999 a...

High Court

Bombay High Court Dismisses Appeal Against Demolition of Commercial Premises for Public Project - Tenant Not Entitled to Alternate Accommodation Without Valid Documents. The court held that the appellant failed to produce any document to prove his eligibility for alternate accommodation under the resettlement and rehabilitation policy of the Maharashtra Urban Transport Project, and thus no prima facie case for interim injunction was made out.

20 Oct 2016

The appellant, Kuniyil Kumar Shankar, filed an appeal against the judgment and order dated 8th September 2016 passed by the City Civil Court, Dindoshi...

High Court

Bombay High Court Upholds Eviction Order Under Public Premises Act but Reduces Damages — LIC vs NIC Dispute Over Flat Tenancy. The Appellate Authority's order reducing damages and keeping eviction in abeyance pending High Power Committee decision is partly upheld; LIC's challenge to reduction of damages dismissed, NIC's challenge to eviction dismissed.

7 Oct 2023

The judgment concerns two writ petitions filed under Article 227 of the Constitution of India challenging an order of the Appellate Authority dated 26...

High Court

Bombay High Court Allows Landlord's Eviction Petition for Bonafide Need Under Maharashtra Rent Control Act. Appellate Court's Order Set Aside as It Erroneously Mixed Bonafide Need with Demolition Requirement.

7 May 2010

The petitioner, Rajendrakumar Sharandas Sharma, a retired Sub Divisional Officer, filed a suit for eviction against the respondent tenant, Shrikrushna...

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