Search Results for "eviction grounds"

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Search Results for "eviction grounds"

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High Court

Bombay High Court Dismisses Petition Challenging Eviction Decree in Rent Control Case — Concurrent Findings of Default in Payment of Rent and Subletting Upheld. The court held that writ jurisdiction under Article 227 cannot be used to re-appreciate evidence when findings are not perverse.

22 Jul 2005

The petitioners, Smt. Subhadrabai Shankar Raut, Shri Vinayak Shankar Raut, Shri Prakash Shankar Raut, and Shri Vilas Shankar Raut, were tenants of a p...

High Court

Bombay High Court Dismisses Second Appeal in Trust Property Ejectment Case — Tenant's Legal Heirs Fail to Challenge Concurrent Findings on Authority and Default. Suit for Ejectment and Mesne Profits Decreed as Trust Properly Authorized Suit Through Resolution and Tenant Committed Default in Payment of Rent.

22 Oct 2013

The case involves a second appeal filed by the legal heirs of the original defendant against the judgment and decree of the Additional District Judge,...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit — Pre-Trial Amendment Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Tenant. Amendment of plaint to clarify property description and add alternative grounds was permissible at pre-trial stage to determine real controversy between landlord and tenant.

10 Oct 2014

The petitioner, M/s K.T. Kubal & Company, a tenant, challenged the order of the Small Causes Court allowing the respondent/plaintiff to amend the plai...

High Court

High Court of Karnataka Allows Appeal in Ejectment Suit — Receipt of Rent After Termination Constitutes Waiver of Notice to Quit. The court held that acceptance of rent by the landlord after termination of tenancy and during pendency of suit amounts to waiver of notice to quit under Section 113 of the Transfer of Property Act, 1882, rendering the suit for ejectment not maintainable.

16 Feb 2015

The case involves a Regular First Appeal filed by the defendant, M/s. Auto World, a registered partnership firm, against the judgment and decree dated...

High Court

High Court of Karnataka Dismisses Tenant's Revision in Rent Control Eviction Case — Building Constructed After 2001 Exempt from Karnataka Rent Act, 1999. Landlord's Suit for Ejectment Maintainable Under Small Causes Court Act as Section 2(3)(g) Exemption Applies to Premises Constructed After Commencement of the Act.

29 Nov 2013

The case involves a civil revision petition filed by the tenant, K.A. Hameed, challenging the order dated 05.09.2013 passed by the II Additional Small...

High Court

Bombay High Court Allows Landlord's Eviction Suit Under Bombay Rent Act, Stays Execution Till Death of Widow Tenant. Court Holds Landlord's Need for Additional Accommodation Bonafide and Reasonable, Not Requiring Dire Necessity Under Section 13(1)(g) of Bombay Rent Act, 1947.

15 Jul 2005

The petitioner-landlord filed a writ petition under Article 227 of the Constitution of India challenging the concurrent findings of the lower courts w...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

6 Feb 2024

The case involves two second appeals arising from a property dispute between family members. The appellants in SA-284-2019 were the original defendant...

High Court

Bombay High Court Allows Landlord's Second Appeal in Eviction Suit — Subsequent Extension of Rent Act Not Applicable to Pending Appeals Under Section 50 Proviso. The Court held that the proviso to Section 50 of the Bombay Rent Act saves pending suits and proceedings from the application of the Act, and a notification extending the Act's applicability during appeal does not affect the suit's governing law.

31 Mar 2010

The case involves a second appeal by the original plaintiff-landlord against the judgment of the appellate court (Additional District Judge, Pune) whi...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Decree in Rent Control Matter — Concurrent Findings of Default in Payment of Rent and Subletting Not Interfered With. The court upheld the eviction decree under Sections 12(3)(a) and 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as the tenant failed to pay rent and sublet the premises without consent.

30 Nov -0001

The case arises from a writ petition filed by the legal heirs of the original defendant-tenant (Shivnath Anandram Mundada) challenging a decree of evi...

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