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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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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.

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

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High Court Rules on Unlawful Subletting: Transfer of Tenancy Disguised as Business Sale Invalid. Court highlights the misuse of tenancy rights and emphasizes protection of landlords under Bombay Rent Act.

The Bombay High Court ruled in favor of the petitioner, legal heirs, in a long-standing eviction dispute regarding unlawful subletting of commercial p...

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High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

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Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Tenant-Mortgagee Cannot Deny Landlord's Title. Court holds that a mortgage by a tenant in favour of the landlord is valid and the mortgagor's right to redeem subsists despite the mortgagee's acquisition of tenancy rights.

The suit property originally belonged to Arjun Nivrutti Darwade and his family. In 1939, the father of the appellants (original defendants) was induct...

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Bombay High Court Dismisses Tenant's Petition Challenging Exemption Certificate Under Section 88-B of Bombay Tenancy Act. Land Belonging to Public Trust Held Exempt from Tenancy Provisions as Trust Land Used for Religious and Charitable Purposes.

The petitioner, Yadu Dagadu Amrale (since deceased, represented by legal heirs), filed a writ petition under Article 227 of the Constitution of India ...

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Supreme Court Upholds Punjab Religious Premises Act as Valid Classification Under Article 14. Tenants of Religious Institutions Not Entitled to Rent Control Protection as Religious Property Requires Summary Eviction Procedure to Prevent Maladministration.

The case involves an appeal by tenants occupying shops in Gurudwara Singh Sabha, Mandi Gobindgarh, Punjab, challenging the constitutional validity of ...