Search Results for "possession and rent arrears"

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Search Results for "possession and rent arrears"

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High Court

Bombay High Court Dismisses Tenants' Petition Against Eviction Decree for Non-Payment of Rent and Education Cess. Landlord's Suit for Eviction Maintainable Despite Court Receiver's Appointment Under Section 12(3)(a) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

10 Jan 2011

The case involves a writ petition under Article 227 of the Constitution of India filed by the petitioners (original defendants) challenging the judgme...

High Court

Bombay High Court Dismisses Petition Challenging Interim Compensation Order in Lease Dispute. Appellate court's order granting interim compensation under Section 43(1) of the Presidency Small Cause Courts Act, 1882 upheld as compensatory and not penal.

5 May 2017

The petitioners, heirs of the original lessee Hashambhai Jetha, were granted a lease of a plot of land admeasuring 3341 sq. yards by an Indenture of L...

High Court

Bombay High Court Dismisses LIC's Revision Against Eviction Order for Unauthorized Subletting. Lease Agreement Prohibited Subletting Without Consent; Subletting to Multiple Tenants Constituted Breach Justifying Eviction Under Transfer of Property Act, 1882.

15 Jun 2011

The case involves a lease agreement executed on 16/12/1960 between the Board of Trustees of the Port of Mumbai (Plaintiff/Respondent) and the Life Ins...

High Court

Bombay High Court Dismisses Suit Challenging Slum Land Acquisition as Barred by Section 42 of Maharashtra Slum Areas Act — Preliminary Issue of Bar of Suit Decided in Favor of Defendant No.5.

12 Apr 2016

The suit was filed by the Plaintiffs seeking a declaration of ownership of a plot of land and challenging its acquisition by the State Government unde...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Holding that Order Under Section 168 of U.P. Tenancy Act, 1939 is an Order Relating to Execution and Hence Appeal Lies to District Judge. The Court, Applying the Scheme of Section 168 Alongside Section 170, Concluded that an Application Under Section 168 is a Step in the Execution, Discharge or Satisfaction of a Decree for Rent, Even Though Made to the Court Which Passed the Decree, as Section 38 of the Civil Procedure Code, 1908 Permits Execution by the Same Court.

20 Mar 1969

This appeal by special leave arose from a dispute concerning the execution of a rent decree under the U.P. Tenancy Act, 1939. The appellant, Balak Sin...

High Court

Bombay High Court Grants Interim Relief in Property Dispute Over Suit Premises — Appointment of Receiver and Injunction Sought. Court confirms ad-interim order restraining alienation and storage of combustible goods, but declines appointment of receiver at interim stage.

7 Oct 2005

The plaintiff, Sanjeev Alias Sanjay Subhash Grover, filed a Notice of Motion in Suit No. 1989 of 1995 seeking ad-interim and interim relief against th...

High Court

Bombay High Court Upholds Eviction of Tenants in Rent Control Case — Tenants Acquired Alternate Accommodation, Bona Fide Need and Arrears of Rent Established. Concurrent findings of fact by trial and appellate courts regarding bona fide requirement and arrears of rent were not perverse; acquisition of service quarter by tenant negated claim of hardship under rent control law.

7 May 2015

The petitioners, Sou Jahida Sikandar Ustad and Shri Sikandar Gaus Ustad, were tenants of a single room premises admeasuring 15 ft. x 10 ft. in Kolhapu...

High Court

Bombay High Court Dismisses Second Appeal; Upholds Finding that Suit for Specific Performance Is Barred by Limitation. Court Rules Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Article 54 of Limitation Act, 1963.

18 Jul 2018

The case arose from an agreement dated 6.10.1997 between the appellant, Rajesh Dayaldas Narwani, and the respondent, Kanayalal D. Bablani, whereby the...

High Court

Bombay High Court Allows Tenant's Writ Petition in Rent Control Eviction Case — Suit Filed Before Expiry of 90-Day Notice Period Under Section 15(2) of Maharashtra Rent Control Act, 1999 Held Without Jurisdiction. The defect of premature filing is not curable and can be raised for the first time in writ petition.

7 Jul 2016

The petitioner, a tenant in premises owned by the respondent, was served with a demand notice under Section 15(2) of the Maharashtra Rent Control Act,...

High Court

Bombay High Court Dismisses Petitions Challenging Eviction Orders Under BPMC Act — Delegation of Quasi-Judicial Powers Under Section 69 Not Permissible for Section 81B Evictions. The Court held that eviction orders under Section 81B of the BPMC Act require specific delegation and cannot be delegated under the general power of Section 69, but found the orders valid as the officer was duly delegated.

2 Nov 2012

The petitioners were evicted from municipal premises under Chapter VIII-A of the Bombay Provincial Municipal Corporation's Act, 1949 (BPMC Act). The e...

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