Search Results for "Statutory Tenancy"

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Search Results for "Statutory Tenancy"

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High Court

Bombay High Court Dismisses Landlords' Revision in Rent Control Case — Legal Heir Entitled to Tenancy Without Actual Use Condition. The court interpreted Section 7(15)(d) of the Maharashtra Rent Control Act, 1999 to hold that the condition of using commercial premises at the time of tenant's death applies only to family members, not to legal heirs.

25 Aug 2015

The case involves a civil revision application filed by the applicants (landlords) against the judgment and decree of the Division Bench of the Small ...

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Subletting Case — Tenancy Terminated Under Section 16(1)(e) of Maharashtra Rent Control Act, 1999. The court upheld the Appellate Bench's finding that the tenant had sublet the premises to persons who were not family members, and that the earlier judgment regarding adoption did not create res judicata.

5 Jul 2024

The case involves a Civil Revision Application filed by the defendants (applicants) challenging the judgment and order dated 1 November 2023 passed by...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

11 Sep 2019

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

High Court

Bombay High Court Upholds Constitutional Validity of Tenancy Provisions in Maharashtra Tenancy Act. Maximum Rent and Purchase Price Fixation Not Arbitrary Under Articles 14 and 21.

1 Aug 2019

The petitioners, a trust and its trustees, challenged the constitutional validity of Sections 11 and 15 of the Maharashtra Tenancy and Agricultural La...

Supreme Court

Supreme Court Dismisses Appeals in Land Tenancy Dispute, Upholding Protected Tenant's Ownership Rights. Oral Surrender of Protected Tenancy Rights Held Invalid Under Section 19 of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, and Occupancy Rights Granted in 1982 Annulled as Ownership Had Already Vested in Protected Tenant Under Section 38-E from 1973.

1 Oct 2021

The dispute concerned conflicting claims over agricultural land between the legal heirs of a purchaser and a protected tenant. The purchaser's predece...

High Court

Bombay High Court Allows Tenant's Writ Petition in Tenancy Dispute — Orders Remand for Fresh Consideration of Tenant's Declaration Application. Failure to Consider Evidence and Non-Compliance with Natural Justice Warrants Setting Aside of Revenue Tribunal and Sub-Divisional Officer Orders.

14 Feb 2023

The Petitioner, Gopal Ganpat Patil (since deceased, through legal heir Ramdas Gopal Patil), filed a Writ Petition before the Bombay High Court challen...

High Court

Bombay High Court Dismisses Writ Petition Challenging Tenant's Purchase Rights Under Bombay Tenancy Act. Will Deed Cannot Override Statutory Tenancy Rights as Tenant's Status on Tillers' Day is Determinative Under Section 32G.

14 Jan 2005

The case involves a dispute over agricultural lands in Village Talabid, taluka Karad, district Satara. The original owner, Shamu Vithu Chavan, was a l...

High Court

Bombay High Court Allows Tenant's Revision in Rent Control Dispute — Landlord Estopped from Denying Tenancy After Accepting Status and Giving Undertaking for Alternate Accommodation. Principle of Estoppel Under Section 116 of Indian Evidence Act, 1872 Applied to Prevent Landlord from Resiling from Earlier Admissions.

10 Jan 2012

The petitioner, Pius Bonaventure Fernandes, was a tenant of residential premises in 'Gorden House', Mumbai, owned by Manu Narang (predecessor of respo...

High Court

Bombay High Court Allows Tenant's Petition in Tenancy Termination Dispute — Landlord's Application for Possession Rejected Due to Non-Compliance with Section 31 of Bombay Tenancy and Agricultural Lands Act, 1948. The court held that the landlady failed to prove bona fide requirement for personal cultivation, and the tenant's rights were protected under the Act.

4 Jan 2010

The case involves a writ petition filed by an agricultural tenant, Murlidhar Sable (since deceased, represented by legal heirs), against the judgment ...

High Court

Bombay High Court Allows Tenant's Petition in Tenancy Purchase Dispute — Filing of Section 32G Proceedings Constitutes Sufficient Intimation Under Section 32F of Maharashtra Tenancy and Agricultural Lands Act, 1948. Tenant's Right to Purchase Land Not Defeated by Delay Where Landlord Failed to Inform Tenant of Attaining Majority.

18 Feb 2025

The case involves a dispute over agricultural land in Village Devarashtra, Taluka Khanapur, District Sangli, owned originally by Shankar Govind Kurlek...

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