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Supreme Court Allows Landlord's Appeal in Eviction Case — Concurrent Findings of Lower Courts Restored. Relationship of Landlord and Tenant Established Through Circumstantial Evidence and Tenant's Failure to Prove Adverse Possession.

The dispute pertains to two shop rooms in Berhampur, Orissa, originally owned by Smt. Ashalata Devi. The plaintiff claimed to be her adopted son and i...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Appellate Bench's Order Setting Aside Rejection of Plaint in Eviction Suit. Transfer of Property Pending Suit Does Not Extinguish Landlord's Cause of Action Under Section 16(1)(a) and (b) of Maharashtra Rent Control Act, 1999.

The case involves a civil writ petition filed under Article 227 of the Constitution of India by the original tenant, Ratnamala Mohan Aklujkar, challen...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree Under Rent Control Order — Permission to Terminate Tenancy Under Clause 13(3)(vii) of C.P. and Berar Letting of Premises and Rent Control Order, 1949 Upheld

The petitioner, a tenant, challenged the judgment of the District Court which confirmed the decree for possession passed by the trial court in favour ...

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Bombay High Court Quashes Criminal Proceedings in Tenancy Dispute — No Offence Made Out Under Sections 420, 467, 468, 471 IPC. Criminal prosecution for alleged forgery of lease deed and cheating fails as civil tenancy proceedings were pending and no fraudulent intention was established.

The judgment arises from two connected criminal writ petitions filed before the Bombay High Court, Bench at Aurangabad. The first petition (Criminal W...

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Bombay High Court Allows Landlord's Petition in Tenancy Dispute Over Holding Calculation on Tiller's Day. Revisional Authority's Remand Order Set Aside as Mutation Entries Were Held Not Proved by Tenant.

The petitioner-landlord challenged the order of the Revisional Authority dated 30-3-1989, which remanded the matter to the Trial Court for ascertainin...

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Supreme Court Upholds Tenant's Right to Relief Against Forfeiture in Transfer of Property Act Case. Appellate Court Has Jurisdiction to Grant Relief Under Section 114 Even If Tenant Failed to Comply With Trial Court's Conditions.

The dispute arose from a lease of land containing a covenant that in the event of default in payment of rent for two consecutive years, the tenancy ri...