Search Results for "lease arrears"

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Search Results for "lease arrears"

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High Court

"Bombay High Court Dismisses Tenant’s Revision Application: Upholds Eviction for Failure to Pay Rent and Unauthorized Alterations" "Tenants cannot deny landlord’s title without surrendering possession: Legal heirs of Kashinath Kolwankar lose final appeal."

12 Sep 2024

Civil revision application filed by the legal heirs of the deceased Kashinath Ramchandra Kolwankar, challenging the eviction decree passed by the Appe...

High Court

Bombay High Court Allows Writ Petition Challenging Stamp Duty Reassessment — Prior Agreement Valuation Binding. Sale Deed Executed in Conformity with Assessed Agreement Cannot Be Reopened Under Section 31A of Indian Stamp Act, 1899 (Goa Amendment).

29 Jan 2024

The petitioners, Mr. Sameer Vasudev Morajkar and Mrs. Prithvi B. Dessai, executed a sale deed dated 16.12.2020 in respect of property measuring 1900 s...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Rent Controller's Jurisdiction and Ex-Parte Eviction Order — Petitioner Acquiesced to Jurisdiction and Delayed Challenge for Decades. The court held that the petitioner's failure to raise the jurisdiction issue at the earliest opportunity and the inordinate delay in challenging the ex-parte order disentitled them to relief under Article 227 of the Constitution of India.

1 Mar 2023

The petitioner, School Anjuman Noorul Islam, represented by its Secretary Shaikh Mhammed Iqbal, filed a writ petition under Article 227 of the Constit...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Property by Co-operative Bank Under Section 101 of Maharashtra Co-operative Societies Act, 1960 — Auction Sale Confirmed Despite Alleged Irregularities as Petitioner Failed to Prove Fraud or Collusion.

7 Apr 2021

The petitioner, M/s. Priyesh Land Developers, a partnership firm, filed a writ petition challenging the auction sale of its property by the respondent...

High Court

High Court of Karnataka Allows Appeal in Ejectment Suit — Tenant's Denial of Landlord's Title Forfeits Protection Under Rent Control Act. The tenant's denial of title and chronic default in rent payment entitles the landlord to decree for ejectment under Section 111(g) of Transfer of Property Act, 1882.

11 Dec 2019

The appellant-plaintiff filed a suit for ejectment against the respondent-defendant, alleging that the defendant was a tenant under one Smt. Chinnamma...

High Court

Bombay High Court Allows Landlord's Petition in Rent Recovery and Possession Suit — Lease Agreement Not Required to be Registered Under Section 107 of Transfer of Property Act, 1882 for 11-Month Tenancy. Appellate Court Erred in Reversing Decree on Ground of Non-Registration as Lease for Less Than One Year Can Be Created by Oral Agreement.

3 Dec 2019

The petitioner, Anwar Noormohammed Pirani, filed a suit for possession and recovery of rent against the respondent, Santosh Gajanan Naskulwar, in resp...

High Court

Bombay High Court Dismisses Second Appeal in Eviction Suit — Permission of Rent Controller Not Required. The Court held that the C.P. & Berar Letting of Premises and Rent Control Order, 1949 ceased to apply after the tenant vacated and the landlord re-let the premises on a fresh oral lease, making the eviction suit maintainable without prior permission.

29 Jun 2017

The appellant (original defendant) and respondent (original plaintiff) were parties to a suit for eviction. The plaintiff claimed ownership of a const...

High Court

High Court of Bombay at Goa Quashes Eviction Order in Rent Control Case — Section 32(4) Application Cannot Be Decided Without Hearing All Parties. The court held that an order under Section 32(4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 directing stoppage of proceedings and possession cannot be passed without hearing the affected parties.

17 Feb 2016

The petitioners, Joel Avelino Noronha and Assuncao Teodosio Serafino Fernandes, challenged an order dated 15/07/2015 passed by the Principal District ...

High Court

Bombay High Court Allows Tenant's Writ Petition Against Eviction Order in Rent Control Case — Administrative Tribunal's Order Set Aside for Violation of Natural Justice and Lack of Proper Inquiry Under Section 32(4) of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968. The court held that the Tribunal failed to conduct a summary inquiry and give the tenant a fair hearing before directing eviction.

10 Oct 2013

The petitioner, Smt. Kanchan Ramdas Morascar, was a tenant in a premises used for shoe business, originally leased to her father-in-law and later cont...

High Court

Bombay High Court Allows Tenant's Appeal in Eviction Case — Landlord's Bonafide Requirement Not Proved. The Court held that the landlord failed to establish reasonable and bonafide requirement for the suit premises under Section 32(4) of the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act.

12 Sep 2012

The case involves a writ petition filed by the legal heirs of the original tenant, Dinanath Rama Naik, against an eviction order passed by the Rent Co...

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