Search Results for "Statutory Tenancy"

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Search Results for "Statutory Tenancy"

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High Court

Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

21 Oct 2024

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

High Court

Bombay High Court Quashes Revenue Tribunal's Order Automatically Vacating Stay in Land Dispute — Asian Resurfacing Principle Not Applicable to Revenue Tribunals Under Maharashtra Tenancy Act. The court held that the automatic vacation of interim stay after six months under Asian Resurfacing applies only to CPC and criminal proceedings, not to revenue tribunals under the Maharashtra Tenancy and Agricultural Lands Act, 1948.

18 Apr 2022

The petitioner, Devsing Ramchandra Chavan, filed a writ petition before the Bombay High Court challenging an order dated 23 June 2021 passed by the Ma...

High Court

Bombay High Court Allows Civil Revision in Eviction Suit — Lease Deed Not Duly Proved Under Evidence Act. Court holds that secondary evidence of a supplementary lease deed was inadmissible without proper foundation for leading secondary evidence under Section 65 of the Indian Evidence Act, 1872.

5 Nov 2020

The case arises from a civil revision application challenging a judgment and decree of the appellate bench of the Court of Small Causes at Mumbai, whi...

High Court

High Court of Karnataka Dismisses Landlords' Revision Petitions in Rent Control Eviction Cases — Bonafide Requirement Not Established. Landlords failed to prove bonafide requirement for own use and occupation under Section 27(2)(r) of the Karnataka Rent Act, 1999, as the need was for a different business and not for the landlord's own occupation.

11 Jul 2025

The case involves three revision petitions filed by landlords against a common order of the V Additional District and Sessions Judge, Shivamogga (Sitt...

High Court

Bombay High Court Allows Tenants' Petition in Rent Dispute Under Bombay Tenancy Act — Overriding Effect of Section 11 on Maximum Rent Prevails Over Section 13(3)(a). The court held that the non obstante clause in Section 11 of the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958 overrides Section 13(3)(a), and rent cannot exceed three or four times the land revenue.

23 Jun 2010

The petitioners, tenants on agricultural land owned by Smt. Bhimabai, filed a writ petition challenging the fixation of rent. The controversy centered...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition Against Tenant Not Party to Arbitration Agreement. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a third party who is not bound by the arbitration agreement.

10 Mar 2011

The petitioner, Heritage Lifestyles & Developers Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking int...

High Court

Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

6 Sep 2019

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...

High Court

Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

30 Nov -0001

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...

High Court

Bombay High Court Allows Second Appeal in Ejectment Suit, Holds Transaction Was Gratuitous Licence Not Lease. Court finds that payment of electricity charges and failure to take immediate action do not establish a lease in absence of documentary evidence.

27 Jan 2014

The case involves a dispute over tenement no. E-72 at Shanti Nagar Colony, Nagpur, allotted to the plaintiff (Vinayak Daulat Watkar) in 1974 by the Na...

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