Search Results for "oral tenancy"

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Search Results for "oral tenancy"

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High Court

Bombay High Court Allows Suit for Possession Based on Title in Absence of Proof of Tenancy by Defendant. Adverse Possession Claim Fails as Possession of Tenant Becomes Adverse Only After Surrender or Denial of Title.

30 Nov -0001

The case involves a dispute over possession of a property in Kolhapur. The plaintiffs, legal heirs of the original owner Ganpatrao Rashingkar, filed a...

High Court

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.

14 Aug 2013

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...

High Court

Bombay High Court Allows Writ Petition, Quashes Trial Court Order Staying Suit Pending Tenancy Determination. Court holds that civil suit for possession based on licence must proceed on framed issues; tenancy issue arises only if plaintiff fails to prove licence.

6 Aug 2013

The petitioner, Raichand Sobhagchand Shah, filed a writ petition challenging an order dated 6.2.2006 passed by the trial court in Regular Civil Suit N...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Property Dispute — Agreement of Transfer and Re-conveyance Clause Requires Trial. Order VII Rule 11 CPC plaint rejection set aside as suit raises triable issues regarding clause 10 of 1957 agreement and plaintiff's transferee rights.

2 Sep 2013

The appellant, Satish Talakchand Shah, filed a civil suit (Civil Suit No. 1708 of 2010) in the City Civil Court, Mumbai, seeking declaration of owners...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint in Property Dispute — Suit Barred by Limitation Under Order 7 Rule 11(d) CPC. Clause 10 of Agreement for Sale Dated 31-03-1957 Was a Right of Re-Conveyance, Not a Contract for Sale, and Cause of Action Arose in 1988.

2 Sep 2013

The appellant, Kishorbhai Premchand Shah, filed a civil suit in the City Civil Court, Mumbai, seeking a declaration of ownership and permanent injunct...

High Court

Bombay High Court Allows Appeal Under Section 6 of Specific Relief Act for Possession Based on Prior Possession. The court held that the appellant had established prior possession and dispossession without consent, entitling her to a decree for possession under Section 6 of the Specific Relief Act, 1963.

9 Jan 2006

The appellant, Cian De Souza, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking vacation and peaceful possession of Flat No.4, Ha...

High Court

Bombay High Court Dismisses Revision Against Eviction Order Under Public Premises Act — Tenant Cannot Challenge Eviction After Rent Control Permission for Demolition and Reconstruction. Life Insurance Corporation of India, as Landlord, Sought Eviction for Bona Fide Need of Demolition and Reconstruction Under Clause 13(3)(vi) of C.P. & Berar Letting of Houses and Rent Control Order, 1949.

29 Mar 2006

The case involves a civil revision application filed by M/s Karam Chand Thapar & Bros. (C.S.) Ltd. (the tenant/applicant) against the Life Insurance C...

High Court

Bombay High Court Dismisses Landlords' Second Ejectment Suit as Barred by Order 22 Rule 9 CPC. Abatement of First Suit Exhausts Rent Controller's Permission and Prevents Fresh Suit Without Fresh Permission.

14 Jul 2006

The case involves a dispute between landlords (appellants) and tenants (respondents) over a suit for ejectment and possession. The original landlord, ...

High Court

Bombay High Court Upholds Tenant Status of Licensee in Municipal Corporation Property — Change of User Does Not Automatically Terminate Tenancy. The court held that an agreement styled as a licence but conferring exclusive possession and payment of rent creates a lease under the Transfer of Property Act, 1882, and a tenant cannot be evicted without due process of law even if there is a change of user.

22 Apr 2014

The case involves a dispute between the Nagpur Municipal Corporation (appellant) and Bhaurao Mohod (respondent) regarding a shop in Nagpur. The respon...

High Court

Bombay High Court Dismisses Second Appeal in Permanent Injunction Suit — Upholds Concurrent Findings of Possession and Ownership Based on Revenue Records and Prior Adjudication. Tenancy Claim and Agreement of Sale Rejected as Not Proved and Inconsistent with Earlier Proceedings.

3 Jul 2014

The case pertains to a Second Appeal filed by the original defendants (appellants) against the judgment and order dated 7.4.2007 passed by the Princip...

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