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Bombay High Court Hears Writ Petition Under Article 227 Against Revisional Order Upholding Eviction Under Maharashtra Rent Control Act. Licensee Company Challenges Jurisdiction, Arguing Non-Applicability of Act Due to Paid-Up Capital Exceeding Rs. 1 Crore Under Section 3(1)(b).

Background: The matter involves a dispute between licensors (owners of a flat in Galaxy Apartments, Bandra) and a licensee company (petitioner no. 1) ...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Dismisses Review Petition in Eviction Case for Unlawful Subletting and Non-User of Premises. Tenants failed to show error apparent on face of record in revision order confirming eviction decree under Bombay Rent Act.

The petitioners, who were the defendants in the original eviction suit, filed a review petition before the Bombay High Court seeking review of an orde...

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Bombay High Court Allows Appeal Against Impounding of Photocopy of Tenancy Agreement for Collateral Purpose. Photocopy of Unstamped Agreement Cannot Be Impounded Under Section 34 of Maharashtra Stamp Act, 1958.

The case involves two writ petitions arising from a civil suit for eviction filed by the original plaintiff (Dr. Smt. Seema Arun Mankar) against the o...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Concurrent Findings of Fact in Agricultural Tenancy Dispute. Petitioner failed to establish tenancy rights as adopted son of deceased tenant due to lack of credible evidence and introduction of new pleas at belated stage.

The petitioner, Premanand Naik, filed a writ petition under Article 227 of the Constitution of India challenging the orders of the Appellate Authority...

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Supreme Court Refers Satyawati Sharma to Larger Bench in Delhi Rent Control Eviction Case — Landlord's Bonafide Need for Non-Residential Premises Under Section 14(1)(e) of Delhi Rent Control Act, 1958

The Supreme Court was hearing a batch of appeals arising from eviction petitions filed by landlords under Section 14(1)(e) of the Delhi Rent Control A...

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Bombay High Court Dismisses Petition Challenging Revenue Tribunal's Order in Tenancy Act Land Transfer Dispute. Petitioner failed to prove that respondent No.4 was not an agriculturist under Section 63 of the Maharashtra Tenancy and Agricultural Lands Act, 1948.

The petitioner, Nilesh Ravindra Varode, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad ...