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Bombay High Court Allows Section 9 and 11 Petitions in License Termination Dispute with Airports Authority of India. Disputes Over Termination of License to Occupy Airport Premises Held Arbitrable Despite Public Premises Act.

The Bombay High Court dealt with three connected proceedings: two petitions under Section 9 of the Arbitration and Conciliation Act, 1996, and one app...

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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 Tenant's Writ Petition Challenging Eviction Decree for Rent Default. Tenant Failed to Pay Rent for Over a Decade, No Dispute as to Standard Rent or Permitted Increases, Case Falls Under Section 12(3)(a) of Bombay Rent Act.

The dispute pertains to a suit for eviction filed by the landlady, Mrs. Kusum Pandurang Keni, against the tenant, Sudhir Kumar Sengupta (since decease...

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Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

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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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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

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Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...