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Bombay High Court Quashes Eviction Orders Against Tenant in Public Premises Act Case — Estate Officer Lacks Jurisdiction Over Genuine Tenancy Dispute. Lawful Tenant Cannot Be Evicted Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Dispute Must Be Adjudicated by Civil Court.

The petitioner, Nusli Neville Wadia, was a lawful monthly tenant of Flat No.B/27 at Mayfair Gardens, Malabar Hill, Mumbai, since 1 October 1972, payin...

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High Court of Bombay Considers Writ Petitions Challenging Maharashtra Revenue Tribunal's Orders in Tenancy Dispute. The Court Examines Whether Tenant's Default in Rent Payment for Three Years Warrants Eviction Under Section 25(2) of Maharashtra Tenancy and Agricultural Lands Act, 1948.

The dispute concerned agricultural lands bearing Survey Nos. 24/2A and 24/2B, originally leased by the landlord’s predecessor to the tenant’s pred...

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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.

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

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High Court of Bombay at Nagpur Examines Executability of Compromise Decree in Eviction Suit under Maharashtra Rent Control Act. The court considers whether a compromise that does not refer to specific eviction grounds creates a fresh tenancy requiring new proceedings.

The respondent-landlord filed a suit against the petitioner-tenants seeking eviction under Section 16(1)(e)(ii) and (g) of the Maharashtra Rent Contro...