Search Results for "possession and rent arrears"

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Supreme Court Holds Deposit Under Debtor-Creditor Law Not Valid Rent Tender, Allowing Landlord's Eviction Petition. Deposit Under East Punjab Relief of Indebtedness Act, 1934 Section 31 Does Not Constitute Tender Under East Punjab Urban Rent Restriction Act, 1949 Section 13(2)(i).

The appellant landlord, Shri Vidya Prachar Trust, filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, aga...

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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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High Court of Bombay at Goa Exercises Suo Motu Jurisdiction and Hears Public Interest Litigation Challenging Alienation of Communidade Land to Builders. Alleged Fraud and Violation of Goa Agricultural Tenancy Act, 1964 and Goa Land Use (Regulation) Act, 1991 in Consent Decree and Sale Deeds.

The High Court of Bombay at Goa heard two connected writ petitions – a public interest petition (WP 294/2008) by Pilerne Citizens Forum and a suo mo...

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High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...

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Bombay High Court Adjudicates Writ Petition Against MMRDA's Demand for Additional Premium on Alleged Construction Delay. Court Examines Whether Demand is Arbitrary and Violative of Article 14 Given Delays Attributed to the Authority.

The present writ petition was filed by Shree Naman Hotels Pvt. Ltd., a subsidiary of Shree Naman Developers Ltd., against the Mumbai Metropolitan Regi...

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Madras High Court Admits Second Appeal on Legality of Rent Enhancement by Devasthanam. Tenant Contended Enhancement was Unreasonable and Sought to Introduce Additional Documents to Challenge Plaintiff's Title.

The plaintiff, Sri Veerarghavaswamy Devasthanam, a temple managed by a hereditary trustee, filed a suit for recovery of rent arrears amounting to Rs.1...

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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

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Bombay High Court Dismisses Tenant's Petition Against Eviction Decree for Default in Rent Payment Under Bombay Rent Act. Concurrent findings of default and failure to comply with Section 12(3)(a) of the Bombay Rent Act, 1947 upheld.

The petitioner, a tenant of a room in Nashik since more than 25 years at a monthly rent of Rs. 14.04 inclusive of education cess, was sued for evictio...