Search Results for "subsisting lease"

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Search Results for "subsisting lease"

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High Court

Bombay High Court Allows Landlords' Revision in Eviction Suit, Remands for Fresh Consideration on Subletting and Bona Fide Need. Court holds that appellate court failed to properly consider evidence of subletting and that the tenant's claim of part performance under Section 53A of Transfer of Property Act, 1882 was not established.

15 Jul 2019

The applicants, original plaintiffs and landlords, filed an eviction suit against the sole defendant-tenant in the Court of Small Causes at Bombay. Th...

High Court

Bombay High Court Allows Tenant's Revision in Rent Control Dispute — Landlord Estopped from Denying Tenancy After Accepting Status and Giving Undertaking for Alternate Accommodation. Principle of Estoppel Under Section 116 of Indian Evidence Act, 1872 Applied to Prevent Landlord from Resiling from Earlier Admissions.

10 Jan 2012

The petitioner, Pius Bonaventure Fernandes, was a tenant of residential premises in 'Gorden House', Mumbai, owned by Manu Narang (predecessor of respo...

High Court

Bombay High Court Dismisses Tenant's Petition Challenging Ejectment Order in Rent Dispute. Subletting Without Landlord's Consent Under Section 15 of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Justifies Eviction.

10 Aug 2005

The petitioner, Rasiklal Kumbha Gala, was the original respondent in an ejectment application filed by the respondent, Manilal Ravji, before the Addit...

High Court

Bombay High Court Restrains Government from Terminating Salt Land Lease Without Proper Notice and Hearing. Lease Termination Order Set Aside for Violation of Principles of Natural Justice and Non-Compliance with Section 106 of the Transfer of Property Act, 1882.

5 Jun 2006

The plaintiff, Vikas Kamalakar Walawalkar, filed a suit seeking a declaration that the termination of lease/grant of salt land by the Deputy Salt Comm...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Tenant's Denial of Landlord's Title and Non-Payment of Rent Justify Forfeiture of Tenancy. Denial of title in reply to notice of attornment amounts to forfeiture under Section 111(g) of Transfer of Property Act, 1882, and arrears of rent for 137 months justify eviction under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

22 Mar 2018

The case involves a Civil Revision Application filed by the applicants (tenants) challenging the judgment and order dated 06/12/2016 passed by the Dis...

High Court

Bombay High Court Quashes Municipal Corporation's Demand for Transfer Fees and Unilateral Imposition of Fresh Lease Terms. Lease Renewal Must Be on Existing Terms Unless Mutually Agreed, and Transfer of Leasehold Interest Does Not Attract Transfer Fees Without Specific Statutory Provision.

5 Aug 2022

The petitioners, ten individuals and a company, filed a writ petition under Article 226 of the Constitution of India challenging the actions of the Na...

High Court

Bombay High Court Allows Tenant's Appeal in Eviction Suit — Subletting Not Established Under Maharashtra Rent Control Act, 1999. Court holds that mere occupation by brother of deceased tenant does not constitute unauthorized subletting without evidence of exclusive possession and parting with legal possession.

28 Feb 2013

The case involves a Letters Patent Appeal filed by Madhukar Dudhe against the dismissal of his writ petition challenging an eviction decree. The dispu...

High Court

Bombay High Court Holds That Court Has Jurisdiction to Entertain Suit for Renewal of Lease Based on Cause of Action Arising Within Its Territorial Limits. The court found that the suit property is situated in Mumbai, the lease deed was executed in Mumbai, the renewal was to be performed in Mumbai, and the defendants carry on business in Mumbai, thus the court has jurisdiction.

22 Nov 2010

The plaintiff, BPM Industries Limited, filed a suit on 27 August 1999 seeking a declaration that the Indenture of Lease dated 6 May 1949 in respect of...

High Court

Bombay High Court Allows Landlord's Eviction Suit — Tenant's Denial of Title Forfeits Tenancy. Denial of Landlord's Title in Written Statement Constitutes Disclaimer Under Section 111(g) of Transfer of Property Act, 1882, and Acceptance of Rent After Forfeiture Does Not Waive Notice.

9 Jul 2015

The dispute pertains to a suit tenement on the ground floor of Plot no.99/2 situated in Nazul Sheet no.33B at Khamgaon, District Buldana, which was le...

High Court

Bombay High Court Upholds Eviction Order Under Public Premises Act Against Tenant of LIC — Subletting Without Consent Constitutes Unauthorised Occupation. The court held that subletting of premises by the tenant to a third party without the consent of the landlord, Life Insurance Corporation of India, amounted to unauthorised occupation under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and the eviction order was valid.

5 Apr 2006

The petitioner, Askay & Co Pvt Ltd, was a tenant of the Life Insurance Corporation of India (LIC) in premises at Great Social Building, Bombay, since ...

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