Search Results for "possession and rent arrears"

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Bombay High Court Dismisses Landlord's Petitions in Leave and Licence Dispute, Upholds Finding of Tenancy. Agreement styled as 'conducting business' held to be a colourable document creating landlord-tenant relationship under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The dispute pertains to a suit property, a shed admeasuring 7 x 17 feet, owned by the respondent/landlord. The respondent claimed that by an agreement...

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Bombay High Court Confirms Eviction of Licensee in Landmark Tenancy Case. Interpretation of Section 15A of the Bombay Rent Act Clarified: Shared Licenses Do Not Confer Tenancy Rights.

The Bombay High Court dismissed the writ petition filed by Petitioners, legal heir of the original defendant, confirming the eviction order passed by ...

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High Court of Bombay Quashes Appellate Order Dismissing Eviction Suit, Holding Suit Not Barred by Limitation and Licensee Not Tenant, and Remands for Fresh Hearing. License Agreement Did Not Create Tenancy; Defendants Failed to Prove Protected Licensee Status Under Section 15A of Bombay Rent Act.

This writ petition under Articles 226 and 227 of the Constitution of India challenged the judgment and order dated 25.06.2003 passed by the Appellate ...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Suit for Possession and Mesne Profits. Court upholds that a tenant's daughter-in-law and granddaughter, claiming independent title, cannot resist eviction after termination of tenancy under the Transfer of Property Act, 1882.

The case arises from a civil revision application filed by the original defendant nos. 1 and 2, Smt. Manju w/o Baldev Narang and Sapna d/o Baldev Nara...

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Bombay High Court Allows Tenants' Petition in Rent Control Case — Permission to Evict Set Aside for Lack of Evidence on Tenancy Month and Breach. Landlord Failed to Prove Habitual Default Under Clause 13(3)(i) and (ii) of C.P. and Berar Letting of Houses and Rent Control Order, 1949.

The petitioners, tenants of a premises in Gondia, challenged the orders of the Rent Controller and the appellate authority granting permission to the ...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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Bombay High Court Dismisses Union of India's Petition Against Eviction Order in Rent Dispute — Tenant's Failure to Pay Permitted Increase Under Section 12(2) of Bombay Rent Act Leads to Eviction.

The Union of India, as tenant of a property purchased by the respondents (landlords) via registered sale deed dated 3/11/1982, was served a notice dat...

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Bombay High Court Allows Landlords' Petition in Rent Control Case — Tenant's Subletting and Non-Payment of Rent Established. The Court held that the tenant's failure to pay rent and unauthorized subletting justified eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, landlords of a premises in Pune, filed a writ petition challenging the appellate judgment that reversed the trial court's eviction or...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Concluded Contract. Document lacking vendor's signature and containing incomplete terms cannot be enforced under Section 16(c) of the Specific Relief Act, 1963.

The appellants (original defendants) challenged the trial court's decree for specific performance of an alleged agreement to sell dated 1st October 20...