Search Results for "possession and rent arrears"

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Bombay High Court Dismisses Second Appeals in Rent Control Cases, Upholds Appellate Court's Finding of No Tenancy. Landlord's Suit for Possession Fails as Tenant Proves Payment of Rent and Absence of Valid Termination Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Radhyesham Ramkaran Choube, filed four second appeals (Second Appeal Nos. 4, 8, 11, and 16 of 2002) against a common judgment dated 10....

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Bombay High Court Dismisses Tenant’s Writ Petition Challenging Eviction Decree Under Bombay Rent Act. Concurrent Findings of Default in Rent Payment Under Section 12 Upheld as No Dispute Raised Within One Month of Demand Notice.

The dispute arose from an eviction suit filed by the respondent-landlord, who became owner of House No. 447B, Mahatma Phule Peth, Pune, by virtue of a...

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Bombay High Court Allows Landlord's Writ Petitions in Eviction Case Based on Bona Fide Need. Appellate Court's reversal of eviction decrees set aside for ignoring settled legal principles regarding landlord's bona fide need under Section 13(1)(g) of the Maharashtra Rent Control Act, 1999.

The petitioner, Nilkanthrao Raghunathji Chute, is the landlord of a building known as 'Sai Sadan' in Nagpur, which contains four shops on the ground f...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Dismissed for Non-Prosecution. Dismissal of Suit for Possession Does Not Convert Tenant into Trespasser; Tenant Continues as Tenant.

The petitioners, who were tenants of a shop premises, were sued by the respondents (landlords) for possession and mesne profits. The trial court dismi...

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Bombay High Court Dismisses Second Appeal in Rent Recovery Suit — Hyderabad Rent Act Applicability During Pendency Does Not Bar Eviction Decree. Section 15(1) of Hyderabad Rent Act does not apply to decrees passed by civil court before the Act's extension to the area.

The respondent/plaintiff filed a suit for recovery of Rs. 5,200 towards arrears of rent, damages, and possession of the suit house against the appella...

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Bombay High Court Dismisses Tenant's Civil Revision and Upholds Eviction in Bombay Rent Control Case. Unlawful Subletting Through Grant of Licence Found Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The dispute centered on the eviction of a tenant from a shop in Mumbai under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The la...

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Bombay High Court Allows Petition by Port Trust Against Sub-Tenant — Eviction Order Restored Under Public Premises Act. Sub-tenant cannot claim protection under Mumbai Municipal Corporation Act as premises are governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioner, the Board of Trustees of the Port of Mumbai (a statutory corporation), filed a writ petition challenging an order of the City Civil Co...

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Bombay High Court Dismisses Tenant's Petition Against Eviction Decree for Rent Default and Unauthorized Construction Under Bombay Rent Act. Concurrent findings of courts below upheld as tenant failed to prove that construction was pre-existing or that rent was not in arrears.

The petitioner, a tenant of a shop premises in Nashik, was sued by the respondent landlady for eviction under the Bombay Rents, Hotel and Lodging Hous...

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Bombay High Court Dismisses Revision Against Eviction Decree Under Section 13A(1) of Bombay Rent Act for Bona Fide Requirement of Landlord's Son. Concurrent Findings of Fact Not Interferable Under Section 115 CPC as No Jurisdictional Error Found.

The case involves a Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging the eviction decree pass...