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Search Results for "tenant liability"

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High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Exceeds Jurisdiction Under Maharashtra Land Revenue Code. Tahsildar Cannot Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy and Agricultural Land Act, 1950, as Such Power Lies Only with Revenue Tribunal or Civil Court.

16 Oct 2025

The petitioners, legal heirs of tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Tahsildar, ...

High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Held That Tahsildar Lacks Jurisdiction to Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy Act After 65 Years Without Notice to Affected Parties. The court held that the certificate under Section 38(E) of the Hyderabad Tenancy and Agricultural Land Act, 1950 attains finality and cannot be cancelled by the Tahsildar after such a long lapse of time, and the order was passed in violation of natural justice.

16 Oct 2025

The petitioners, legal heirs of original tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Ta...

High Court

Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage.

16 Oct 2024

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original de...

High Court

Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Upholds Concurrent Findings of Tenancy and Subletting. Landlord's claim for possession under Section 16 of the Maharashtra Rent Control Act, 1999 fails as subletting was not proved and tenant's possession was lawful.

27 Apr 2020

The case involves two civil revision applications arising from a dispute between the landlords (M/s. K. B. Lahoti and Company and others) and the tena...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Case: Mirashi Tenant's Right of Redemption Extinguished After Land Resumed to Government and Regranted to Mortgagee Under Abolition Act. The Court held that the mortgagee's regrant was independent and not for the benefit of the mortgagor, and the mortgagor's failure to seek regrant extinguished his right of redemption.

17 Apr 2020

The case involves a dispute over the right of redemption of a mortgage concerning watan land. The suit land was originally a Paragana watan property g...

Supreme Court

Supreme Court Dismisses Appeal by Landowners, Upholds Tenant Status Based on Oral Evidence Rebutting Revenue Record Presumption. The Court held that the presumption of truth under Section 45 of the Himachal Pradesh Land Revenue Act, 1954 was rebutted by consistent oral testimony of the defendant and witnesses establishing a landlord-tenant relationship through payment of galla batai for over 12 years.

1 Jan 2020

The case involves a dispute between the plaintiffs (original owners of land) and the defendant (Shiv Ram) over the nature of the defendant's possessio...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Tenant's Daughter Fails to Establish Independent Tenancy Rights. Succession to tenancy under Section 5(11)(c) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 requires residence with deceased tenant as member of family up to death; mere residence after death does not confer tenancy rights.

23 Mar 2017

The case arises from a civil revision application filed by Shila Ramchandra Sachdeva, the defendant in Regular Civil Suit No. 260 of 2007, challenging...

High Court

Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Tenant-Mortgagee Cannot Deny Landlord's Title. Court holds that a mortgage by a tenant in favour of the landlord is valid and the mortgagor's right to redeem subsists despite the mortgagee's acquisition of tenancy rights.

2 Feb 2010

The suit property originally belonged to Arjun Nivrutti Darwade and his family. In 1939, the father of the appellants (original defendants) was induct...

High Court

Bombay High Court Allows Tenant's Revision Against Eviction Order in Rent Control Case — Landlord Failed to Prove Willful Default and Nuisance. The court held that mere delay in payment of rent does not constitute willful default under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and that allegations of nuisance must be proved by cogent evidence.

7 Jan 2010

The case involves a civil revision application filed by the tenant against the order of the learned Rent Controller, Nanded, who had dismissed the lan...

High Court

Bombay High Court Dismisses Tenant's Appeal in Tenancy Extinction Case — Collapse of Tenement Ends Tenancy Regardless of Cause. Tenancy extinguishes upon destruction of tenanted premises, and tenant cannot claim restoration of land under general law.

2 Sep 2005

The appellant, a tenant of a tenement (House No. 83) in Comba, Margao, filed a suit alleging that the respondents damaged and demolished the tenement ...

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