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Bombay High Court Quashes Appellate Eviction Decree for Non-Application of Mind and Remands for Fresh Adjudication. First Appellate Court’s cryptic reversal without reassessing evidence held violative of Section 107 CPC; Revision allowed and appeal restored for fresh hearing.

The dispute arose between a landlord and a tenant over eviction from a two-room house in Umrer, Nagpur. The landlord filed a suit for ejectment on gro...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Quashing Recovery of Leave Salary. Ex-India Leave Sanctioned for MIT Course Not Subject to Recovery as Study Leave Entitlement Under Railway Rules Not Exhausted.

The Union of India and other railway officials filed a writ petition challenging the order of the Central Administrative Tribunal (CAT) dated 8 Decemb...

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Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

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Bombay High Court Dismisses Tenants' Petitions Challenging Eviction Decree in Bona Fide Requirement and Subletting Case. Concurrent findings of fact by lower courts upheld as not perverse under Article 227 of the Constitution of India.

The case involves a batch of writ petitions filed by tenants (original defendants) against a common judgment and decree passed by the appellate court ...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Bonafide Requirement of Landlord. Concurrent Findings of Fact on Bonafide Requirement and Greater hardship Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Upheld.

The petitioner, original defendant, was a tenant in a shop owned by the respondents, original plaintiffs. The plaintiffs filed a suit for eviction on ...

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Bombay High Court Upholds Landlord's Eviction Decree for Bonafide Need in Rent Control Case. Tenant's Hardship Claim Rejected as Landlord's Need for Business Premises Outweighed.

The petitioner, Smt. Shakuntalabai Deoram Thange, was a tenant in one room on the ground floor of House No. 155, Ward No. 4, Daund, District Pune. The...