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Search Results for "eviction grounds"

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High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Administrative Tribunal Order in Mundkar Dispute — Tribunal Exceeded Revisionary Jurisdiction Under Section 26 of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Concurrent Findings of Fact by Mamlatdar and Collector Cannot Be Reversed Without Perversity.

9 Oct 2018

The petitioners, legal representatives of the original petitioner Mrs. Antoneta Fernandes, filed a writ petition under Articles 226 and 227 of the Con...

High Court

Madras High Court Allows Second Appeal in Recovery of Possession Case — Sale Deed Valid Despite Non-Execution of Rental Agreement. Plaintiff's title established through registered sale deed and possession handed over; defendant's denial of tenancy does not negate ownership.

29 Jan 2025

The plaintiff (since deceased, represented by legal heirs) filed a suit for recovery of possession and arrears of rent against the defendant. The plai...

High Court

High Court of Bombay at Goa Hears Writ Petition Challenging Administrative Tribunal Orders in Mundkarial Dispute. Key Issue Whether Mamlatdar Had Jurisdiction to Determine Mundkarial Rights When Reference Was Made Under Section 32 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

4 May 2018

The litigation originated from two civil suits filed in 1992 by M/s. Suvarn Rajaram Bandekar Discretionary Trust against one Armando Cardozo for remov...

High Court

High Court of Judicature at Bombay Quashes Order Refusing to Condon Delay in Filing Revision Against Eviction Decree; Allows Condonation Subject to Payment of Rs.1 Lakh Costs. The Court Held That Sufficient Cause Under Section 5 of the Limitation Act, 1963 Must Be Liberally Construed to Advance Substantial Justice, and Even If Explanation Was Initially Inadequate, the Superior Court Can Reassess Cause for Delay, Making Condonation Conditional on Compensation to the Opposite Party.

5 Oct 2017

The present writ petition was filed under Article 227 of the Constitution of India, challenging an order dated 1st December 2016 passed by the Appella...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Against Eviction Decree; Upholds Landlord's Bonafide Need and Arrears of Rent under Bombay Rent Act. Monthly Tenancy Established Despite Manufacturing Purpose as Rent Was Paid Without Demur and Demand Admitted; Concurrent Findings Not Interfered Under Article 227 of Constitution of India.

28 Jun 2005

The dispute concerned eviction proceedings under the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 (Bombay Rent Act). The respondents, w...

High Court

High Court of Bombay Dismisses Tenant's Writ Petition in Rent Control Eviction Case — Tenant Held to be in Arrears of Rent for More Than Six Months. Lower appellate court's decree under Section 12(3)(a) of the Bombay Hotels & Lodging Rent Control Act, 1947, upheld as tenant failed to comply with demand notice within one month.

25 Aug 2005

The judgment arises from a writ petition filed by the tenant challenging the appellate decree of eviction under the Bombay Hotels & Lodging Rent Contr...

High Court

Bombay High Court Upholds Landlords in Eviction Suit for Lease Termination — Unregistered Option Letters Do Not Extend Lease Term Under Section 107 of the Transfer of Property Act, 1882. Omission of the Word 'Structure' in Termination Notice Does Not Invalidate Termination of Lease Covering Land with Structure as Composite Premises.

1 Aug 2011

The dispute involved a piece of land admeasuring 1310 sq. yards with structure in Worli, Mumbai, leased by three original lessors to Caltex (India) Lt...

High Court

Bombay High Court Upholds Eviction Decree Against Tenant for Change of User and Sub-letting Under Bombay Rents Act. Tenant's Use of Premises for Business of Co-owner and Sub-letting to Third Parties Constitutes Grounds for Eviction Under Sections 13(1)(a), 13(1)(e), 13(1)(c), 13(1)(k) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

23 Aug 2005

The petitioner, original defendant 1, was a tenant of a shop premises owned by the plaintiff landlady. The plaintiff filed a suit for eviction on grou...

High Court

Bombay High Court Dismisses Landlord's Writ Petition in Eviction Dispute Due to Lack of Perversity in Concurrent Findings. Supervisory jurisdiction under Article 227 not to be used to reappreciate evidence; landlord failed to establish bona fide requirement under Rent Act.

6 Sep 2019

The case involves a landlord-tenant dispute where the petitioners (landlord's legal heirs) sought eviction of the respondents (tenants) from a propert...

High Court

Bombay High Court Allows Landlord's Petition in Rent Control Dispute — Remand Order Set Aside for Lack of Jurisdiction. Landlord's Application for Permission Under Clause 13(3)(vi) of C.P. and Berar Letting of Premises and Rent Control Order, 1949 Held Maintainable Despite Earlier Proceedings Under Other Sub-Clauses.

8 Jan 2015

The petitioner, Purushottam Ramlal Shukla, is the landlord of premises at Dharampeth, Nagpur, comprising two rooms admeasuring 22 ft. X 33 ft. let out...

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