Search Results for "municipal tenancy transfer"

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Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage.

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original de...

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Bombay High Court Dismisses Tenant's Second Appeal for Non-Prosecution in Rent Eviction Case. Concurrent Findings of Fact on Arrears and Valid Notice Under Section 106 of Transfer of Property Act, 1882 Upheld.

The present second appeal was preferred by the defendant-tenant against the judgment and order dated 31.7.1998 passed by the learned Joint District Ju...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Upholds Concurrent Findings of Tenancy and Subletting. Landlord's claim for possession under Section 16 of the Maharashtra Rent Control Act, 1999 fails as subletting was not proved and tenant's possession was lawful.

The case involves two civil revision applications arising from a dispute between the landlords (M/s. K. B. Lahoti and Company and others) and the tena...

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Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

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Bombay High Court Frames Substantial Questions of Law in Tenant's Second Appeal Against Eviction from Open Land. Maintainability of Civil Suit Without Rent Controller's Permission Under Expired Fixed-Term Lease Examined.

The dispute arose from a lease of open land for a fixed term of 61 years executed on 1-1-1943 between the original lessor Govind Vishnu Saoji and the ...

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Bombay High Court Dismisses Second Appeal in Municipal Lease Dispute — Lease Term Fixed at 30 Years Not Permanent. Court holds that a lease for a fixed term does not become permanent merely because the lessee was permitted to make permanent constructions.

The case involves a second appeal by the defendants against a decree of attachment passed by the trial court and confirmed by the lower appellate cour...

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Bombay High Court Allows Revision Against Eviction Order Under MMC Act — Agreement for Sale Does Not Confer Corporation Premises Status. Premises Not Owned or Vested in MCGM, Hence Eviction Proceedings Under Chapter VA of Mumbai Municipal Corporation Act, 1888 Not Maintainable.

The case involves a Civil Revision Application filed by the legal representatives of late Laxman Keshav Kudalkar against an eviction order passed by t...