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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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High Court of Karnataka Allows Appeal in Rent Recovery Suit — Defendant Not Liable for Rent After Vacating Premises. Tenant's Liability for Rent Ceases Upon Vacating and Handing Over Possession, Even Without Formal Termination Notice Under Section 106 of Transfer of Property Act, 1882.

The case involves a Regular First Appeal filed by the defendant, M. Bhaskar, against the judgment and decree dated 27.06.2015 passed by the VII Additi...

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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 Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants.

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into ...

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Bombay High Court Dismisses Petition Challenging MRT Order Rejecting Condonation of Delay in Tenancy Appeal. Delay of 30 Years in Filing Appeal Not Condoned as No Sufficient Cause Shown Under Section 5 of Limitation Act, 1963.

The petitioners, legal heirs of deceased original tenants, challenged the judgment and order dated 12/11/2021 passed by the Maharashtra Revenue Tribun...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Eviction Order Under Goa Rent Control Act. Tenant's Irregular Rent Payment and Subletting Justify Eviction Under Sections 22(a) and 22(b)(i) and (ii) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.

The petitioners, legal representatives of the deceased tenant Gurudas Narayan Salgaonkar, challenged an order dated 03/01/2014 passed by the Appellate...

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High Court of Karnataka Dismisses Tenants' Revision Petitions in Eviction Cases — Landlord's Bona Fide Requirement for Demolition and Reconstruction Established. Eviction orders under Section 21(1)(h) of the Karnataka Rent Act, 1999 upheld as tenants failed to prove hardship outweighs landlord's need.

The case involves three revision petitions filed by tenants (Vinod G., Dr. Narayuan Waddinnavar, and Meena Pawar) against a common order dated 04.02.2...

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Bombay High Court Allows Landlord's Petition in Rent Default Case, Restores Ejectment Decree. Tenant's Failure to Pay Rent for Over a Decade Constitutes Willful Default Under Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioner, Hemant R. Saple, as landlord, filed a writ petition challenging the order of the Appellate Bench of the Court of Small Causes, Bombay,...