Search Results for "genuine hardship"

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Supreme Court Allows Landlord's Appeal in Eviction Case Under UP Urban Buildings Act, 1972. Prescribed Authority's finding of bona fide need and comparative hardship under Section 21(1)(a) reinstated as Appellate Authority's reversal lacked sufficient reasoning.

The appeal arose from a landlord-tenant dispute over a cinema building in Allahabad. The appellant, successor-in-interest to Murlidhar Aggarwal, sough...

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Supreme Court Upholds Section 13-B of East Punjab Urban Rent Restriction Act, 1949 for NRI Landlords in Chandigarh and Punjab. Constitutional validity of provision granting immediate possession to Non-Resident Indians upheld as reasonable classification under Article 14.

The appeals were filed by tenants challenging the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, which g...

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Bombay High Court Allows Landlord's Writ Petitions in Eviction Case Based on Bona Fide Need. Appellate Court's reversal of eviction decrees set aside for ignoring settled legal principles regarding landlord's bona fide need under Section 13(1)(g) of the Maharashtra Rent Control Act, 1999.

The petitioner, Nilkanthrao Raghunathji Chute, is the landlord of a building known as 'Sai Sadan' in Nagpur, which contains four shops on the ground f...

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Bombay High Court Upholds Eviction Decree in Tenant's Writ Petition — Bonafide Need of Landlord Established. Landlord's requirement for business expansion and settling sons held genuine under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The case involves a writ petition filed by the tenant (petitioner) challenging the decree for eviction passed by the appellate court under Section 34 ...