Search Results for "tenancy right"

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Bombay High Court Dismisses Second Appeal Upholding Suit for Possession After Symbolical Delivery in Execution; Plea of Non-Maintainability and Limitation Cannot Be Raised First Time in Second Appeal. Cross-Objection Held Maintainable After Admission of Appeal.

The litigation originated from a suit for possession, declaration, and damages regarding agricultural lands bearing Survey Nos. 1/2 and 54/3. The land...

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Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Tenant-Mortgagee Cannot Deny Landlord's Title. Court holds that a mortgage by a tenant in favour of the landlord is valid and the mortgagor's right to redeem subsists despite the mortgagee's acquisition of tenancy rights.

The suit property originally belonged to Arjun Nivrutti Darwade and his family. In 1939, the father of the appellants (original defendants) was induct...

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Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Perform Contractual Obligation Does Not Attract Offences Under Sections 406, 420, 120B IPC Without Evidence of Dishonest Intention at Inception.

The judgment arises from a criminal application and writ petition filed by Mahendra Premji Gangar and Kalyanji Premji Gangar (applicants/petitioners),...

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Bombay High Court Dismisses Appeal of Plaintiffs in Tenancy Dispute — Plaintiffs Fail to Prove Tenancy Rights. Court holds that mere possession or payment of rent does not establish tenancy without proof of lawful transfer or succession under the Maharashtra Rent Control Act, 1999.

The case involves a dispute over a room (suit premises) allotted in lieu of an earlier tenanted room in a chawl at Mahim, Mumbai. The plaintiffs, Sulo...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...