Search Results for "Eviction decree"

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Search Results for "Eviction decree"

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Supreme Court

Supreme Court Allows Landlords' Appeal in Kerala Rent Control Case — Holds That Section 12(3) Eviction Order Can Be Passed Without Fresh Section 12(1) Application During Appeal. The Court interpreted Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hold that the Rent Control Appellate Authority has power to pass eviction order for non-payment of rent during appeal without requiring a fresh application under Section 12(1).

21 Nov 2025

The case involves two shops in Kochi, Kerala, taken on monthly rent by the respondent-tenant from the appellants-landlords. The landlords alleged that...

High Court

Bombay High Court Dismisses Tenant's Petition in Eviction Case Based on Landlord's Bona Fide Requirement — Daughter's Need Upheld After Amendment. The court held that the landlord's daughter had established her bona fide requirement for the suit premises and that the tenant failed to prove greater hardship, confirming the eviction decree.

9 Dec 2024

The case involves a landlord-tenant dispute over commercial premises in Panchgani. The original landlord, Ramchandra Shivram Gadekar, filed a suit for...

High Court

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

9 Jul 2024

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

High Court

High Court Dismisses Revision Against Consent Decree in Property Suit — Co-operative Society Cannot Challenge Compromise Without Impleading Chairman Alleged of Mala Fides. Consent decree under Order 23 Rule 3 CPC upheld as valid compromise binding on society.

11 Sep 2019

The case involves a Civil Revision Application filed by Nira and Palm Product Producers Co-operative Society Ltd. and its Secretary, Director, and a m...

High Court

High Court of Bombay at Goa Allows Writ Petition in Tenancy Succession Dispute — Rent Controller Directed to Conduct Inquiry into Inheritance of Tenancy Rights. The Court held that married daughters are entitled to inherit tenancy rights under Section 2(o) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968, and that the Rent Controller has jurisdiction to decide such questions.

29 Jan 2019

The petitioners, three married daughters of the late statutory tenant, filed a writ petition under Article 227 of the Constitution of India challengin...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

1 Jan 2019

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Concurrent Eviction Orders for Non-Payment of Rent. Tenant Failed to Deposit Arrears Despite Statutory Protection Under Section 12(3)(b) of the Maharashtra Rent Control Act, 1999.

11 Sep 2018

The petitioner, a tenant of two shop blocks since 1977-1978, was sued for eviction by the respondent landlords for non-payment of rent from 01-08-1997...

High Court

Bombay High Court Allows Decree Holder's Petition in Eviction Decree Execution — Division Bench of Small Causes Court Exceeded Revisional Jurisdiction by Remanding Matter for Proposal to Remove Structure. The decree had attained finality up to the Supreme Court, and the executing court's order directing restoration of vacant possession was proper; the revisional court's interference was unwarranted.

10 Oct 2017

The petitioner, Mrs. Vranda G. Pai, is the decree holder in an eviction decree dated 2nd December 2006, which had attained finality up to the Supreme ...

High Court

Bombay High Court Upholds Landlord's Bonafide Need for Eviction but Modifies Decree to Partial Eviction in Rent Control Dispute. Landlord's need for expanding business and residence due to heart ailment considered bonafide, but tenant's hardship led to eviction from only one room.

23 Jul 2015

The case involves two writ petitions arising from eviction proceedings between Mohanlal Agrawal (landlord) and Navalkishor Kulwal (tenant) concerning ...

High Court

Bombay High Court Partly Allows Tenant's Petition Challenging Eviction Decree Under Maharashtra Rent Act, 1999 — Notice Under Section 15 Held Valid Despite Inclusion of Time-Barred Rent Claim, but Eviction on Bonafide Need Set Aside as Landlord Gave Up That Ground.

15 Oct 2010

The petitioner, a tenant, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 27/4/...

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