Search Results for "condition against eviction"

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Search Results for "condition against eviction"

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High Court

Bombay High Court Dismisses Revision Application in Eviction Suit — Tenant's Right to Contest Decree Not Extinguished by Consent Terms. State Trading Corporation of India Ltd. held not entitled to challenge eviction decree under Order 23 Rule 3A CPC as consent terms were not shown to be unlawful or void.

2 Dec 2025

The case involves a Civil Revision Application filed by the State Trading Corporation of India Ltd. (the applicant/original defendant) against an orde...

High Court

Bombay High Court Allows Revision Against Eviction Decree in Rent Control Case — Tenant's Legal Heirs Succeed on Ground of Lack of Bona Fide Requirement. The Court set aside the appellate decree for possession under the Bombay Rent Act, 1947, holding that the landlord failed to prove reasonable and bona fide requirement for the suit premises.

1 Dec 2025

The case involves a civil revision application filed by the legal heirs of the original defendant/tenant against the judgment and decree dated 27.11.2...

High Court

Bombay High Court Quashes Senior Citizens Tribunal Order Directing Son to Vacate Flat and Pay Maintenance to Mother — Tribunal Exceeded Jurisdiction Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by Deciding Title and Granting Possession Without Proper Inquiry.

20 Oct 2022

The petitioners, Hemant Gamanlal Mehta and his wife Heena Hemant Mehta, challenged an order dated 28 July 2022 passed by the Sub Divisional Officer, E...

High Court

Bombay High Court Allows Petitions Challenging Demolition Notices for Shops in H.M. Petit Widows Homes — Violation of Natural Justice and Failure to Consider Representations. The court held that the municipal corporation must follow principles of natural justice before issuing demolition notices and must consider representations of occupants.

13 Aug 2022

The petitioners, who are occupants of shops in a building known as H.M. Petit Widows Homes, owned by the Nesserwanjee Manockjee Petit Charity Fund (a ...

High Court

Bombay High Court Allows Arbitration Petition in Redevelopment Dispute — Dissenting Member Cannot Obstruct Majority Decision for Dilapidated Building. Court Appoints Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 to Resolve Dispute Between Developer, Society, and Dissenting Member.

12 Mar 2021

The Bombay High Court dealt with an arbitration petition filed by Chirag Infra Projects Pvt Ltd, the developer, against Vijay Jwala Cooperative Housin...

High Court

Bombay High Court Modifies Mesne Profits Condition in Tenant's Appeal Against Eviction Decree. The court reduced the monthly compensation from Rs. 34,000 to Rs. 10,000 considering the old and dilapidated nature of the suit premises.

27 Nov 2018

The petitioners, tenants of a 400 square feet premises in a building over 80 years old at Matunga, challenged an order dated 21 November 2017 passed b...

High Court

Bombay High Court Allows Revision Against Eviction Decree in Rent Control Matter — Tenant's Right to Contest Maintainability of Suit by Co-owners Not Barred by Earlier Consent Decree. Co-owner Can Maintain Eviction Suit Without Joining Other Co-owners Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

20 Oct 2011

The case involves a Civil Revision Application filed by Omprakash Durgaprasad Sharma, the tenant of a suit flat, against an order of the Small Causes ...

High Court

Bombay High Court Allows Eviction of Licensee in Leave and License Dispute — Licensee Cannot Claim Tenancy Rights After Expiry of Agreement. The court held that a licensee who continues in possession after expiry of leave and license agreement without renewal is a trespasser, and the Small Causes Court has jurisdiction to order eviction under Section 41 of the Presidency Small Cause Courts Act, 1882.

4 May 2011

The petitioner, Shashikant G. Mehta, was the defendant in a suit filed by the respondent, Soonoo Minoo Khajotia, seeking eviction from a garage. The p...

High Court

Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

20 Jan 2006

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

High Court

Bombay High Court Allows Landlord's Writ Petition in Rent Control Eviction Case — Tenant's Acquisition of Flat in Wife's Name Not a Valid Ground to Deny Eviction. The court held that acquisition of alternative accommodation by the tenant's spouse does not constitute acquisition by the tenant under Section 13(1)(l) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, and the tenant's act of letting out the flat to a third party further negates any claim of bona fide acquisition for residence.

12 Aug 2005

The petitioner-landlady filed a suit for eviction against the respondent-tenant under the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947...

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