Search Results for "tenant alternative accommodation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "tenant alternative accommodation"

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High Court

Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Unauthorized Subletting and Nuisance. Concurrent Findings of Fact Upheld Under Article 227.

6 Nov 2025

The case involves a petition under Article 227 of the Constitution of India filed by the legal heirs of the original defendant/tenant, Hari Govind Ran...

High Court

Bombay High Court Allows Landlord's Commercial Redevelopment Over Tenant's Objection — Tenant Cannot Dictate Nature of Redevelopment Under DCPR 2034 Regulation 33(19). The court held that a tenant's insistence on residential redevelopment after demolition of a dilapidated building is not sustainable, and the landlord is entitled to redevelop as per permissible rules.

29 Mar 2023

The petitioner, G M Heights LLP, is the owner of land in Bandra, Mumbai, which previously had a building with 21 tenants, some commercial and some res...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11 CPC — Plaint Discloses Cause of Action Against All Defendants Including Those Alleged to Be Benami. The court held that allegations of sham and benami transactions in a suit for specific performance constitute a cause of action and cannot be rejected at the threshold under Order VII Rule 11(a) of the Code of Civil Procedure, 1908.

19 Jun 2021

The Appellants, original Plaintiffs, filed Suit No. 187 of 1993 seeking specific performance of an agreement to sell dated 1st August 1985 in respect ...

Supreme Court

Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

19 Feb 2020

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

High Court

Bombay High Court Dismisses Tenant's Revision in Eviction Suit — Partnership Firm Not a Necessary Party Under Order 30 CPC. The court held that Order 30 Rule 1 CPC is permissive and non-joinder of a partnership firm does not vitiate eviction proceedings against individual partners.

25 Nov 2019

The applicant, a tenant (son of the original tenant), filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Order Under Maharashtra Rent Control Act — Agreement Held to Be Licence, Not Lease. The Court upheld the concurrent findings of the Competent Authority and Additional Commissioner that the petitioner was a licensee, not a tenant, based on the terms of the agreement and the conduct of parties.

13 Sep 2019

The petitioner, Shrikant Dattatraya Deshpande, claimed to be a tenant of a portion of a house owned by Shalini Waman Bhat (since deceased, represented...

High Court

Bombay High Court Upholds Eviction Decree Against Tenant for Acquiring Alternative Accommodation and Non-Use of Premises Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Tenant's ownership of a spacious bungalow and agricultural land in the same city constituted acquisition of suitable alternative accommodation, and keeping the suit premises locked for over six months without reasonable cause justified eviction under Sections 13(1)(l) and 13(1)(k).

5 Apr 2019

The case involves a landlord-tenant dispute where the plaintiff, M/s. A.K. Builders, a partnership firm engaged in real estate development, sought evi...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition for Possession Against Tenant in Arbitration Dispute — Interim Relief Denied as Disputed Questions of Fact Require Trial

5 Oct 2012

The petitioner, M/s. Gandhi Adhivitiya Combine, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking a...

High Court

Bombay High Court Dismisses Landlord's Writ Petition in Eviction Suit — Upholds Appellate Court's Finding That Tenant's Legal Heirs Did Not Acquire Alternate Accommodation. The Court held that the burden of proving acquisition of suitable alternate accommodation lies on the landlord and mere ownership of another house does not establish acquisition.

19 Jul 2005

The petitioner, Vamanrao Vishwanath Falke, was the landlord of premises consisting of two rooms admeasuring 10' x 12' situated at House No.331, Peth P...

High Court

Bombay High Court Dismisses Landlord's Petition in Rent Control Case — Composite Tenancy Not Severable Without Consent. Landlord's suit for possession of backside room fails as composite tenancy for residence and business cannot be split under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

13 Jul 2005

The petitioner-landlord, Sou. Jayawantibai Popatlal Lunkad, filed a writ petition under Article 227 of the Constitution of India challenging the judgm...

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