Search Results for "Summary eviction"

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Search Results for "Summary eviction"

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High Court

Bombay High Court Allows Revision in Rent Control Case — Tenant's Eviction Set Aside Due to Lack of Proper Notice Under Section 12(3) of the Bombay Rent Act. Landlord failed to prove valid termination of tenancy as notice under Section 12(3) was not served in accordance with law.

7 Oct 2010

The case arises from a civil revision application filed by the original defendant, Subhash Sambhashiv Bona Pawar, challenging the judgment and order d...

High Court

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.

3 Mar 2006

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...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

High Court

Bombay High Court Examines Maintainability of Objection in Execution Proceedings Regarding Slums Act Permission. The appeal arises from a Single Judge's order remanding the matter to Executing Court to consider the effect of a Competent Authority's order on the requirement of prior permission under Section 22 of Maharashtra Slum Areas Act.

20 Aug 2013

The appeal arose from a judgment of a Single Judge in a writ petition concerning execution of a decree for eviction passed under the Maharashtra Rent ...

High Court

Bombay High Court Allows Petition by Port Trust Against Sub-Tenant — Eviction Order Restored Under Public Premises Act. Sub-tenant cannot claim protection under Mumbai Municipal Corporation Act as premises are governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

8 Jun 2026

The petitioner, the Board of Trustees of the Port of Mumbai (a statutory corporation), filed a writ petition challenging an order of the City Civil Co...

Supreme Court

Supreme Court Refers Issue of PP Act Overriding Rent Control Acts to Three-Judge Bench. Constitution Bench in Ashoka Marketing (1990) 4 SCC 406 held PP Act prevails; two-judge bench in Suhas H. Pophale (2014) 4 SCC 657 carved exceptions; conflict referred for determination.

1 Jan 1970

The batch of civil appeals arose from eviction proceedings initiated by the Life Insurance Corporation of India under the Public Premises (Eviction of...

High Court

Bombay High Court Allows Trust's Eviction Petition Under Section 120 of Maharashtra Tenancy Act — Certificate of Exemption Operates Retrospectively. The court held that exemption under Section 129(b) relates back to the date of application, making legal heirs of deceased tenant liable for summary eviction.

23 Feb 2016

The petitioner, a public trust registered under the Bombay Public Trust Act, owned agricultural land including Survey No. 32/1, Gat No. 53, at Mouza R...

Supreme Court

Supreme Court Allows Landlords' Appeal in Kerala Rent Control Case — Holds That Section 12(3) Eviction Order Can Be Passed Without Fresh Section 12(1) Application During Appeal. The Court interpreted Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hold that the Rent Control Appellate Authority has power to pass eviction order for non-payment of rent during appeal without requiring a fresh application under Section 12(1).

21 Nov 2025

The case involves two shops in Kochi, Kerala, taken on monthly rent by the respondent-tenant from the appellants-landlords. The landlords alleged that...

High Court

High Court of Judicature at Bombay Dismisses Letters Patent Appeal of Society Members in Cooperative Redevelopment Dispute. Refusal of Interim Relief by Cooperative Court Not Perverse; Summary Eviction Order Under Section 95A of Maharashtra Housing and Area Development Act, 1976 Upheld After Compliance With Natural Justice.

8 Aug 2011

The appellants, eight members of Goregaon Unnati Cooperative Housing Society, residing in chawls numbered 19, 20, 21 and 24, filed a dispute before th...

High Court

Bombay High Court Dismisses Tenant's Eviction Petition Under Hyderabad Tenancy Act — Landlord's Bona Fide Need for Personal Cultivation Not Established. Appeal Allowed as Tenant Failed to Prove Landlord's Lack of Bona Fide Need Under Section 98 of the Hyderabad Tenancy and Agricultural Lands Act, 1950.

11 Aug 2010

The petitioner, Kisan Sayaji Shelke, filed a writ petition challenging the judgment of the Maharashtra Revenue Tribunal (MRT) at Aurangabad, which all...

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