Search Results for "eviction grounds"

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Search Results for "eviction grounds"

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High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

High Court

Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

15 Apr 2024

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

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 ...

High Court

Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — No Default or Bona Fide Need Established. Landlord failed to prove arrears of rent and bona fide requirement under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as tenant had already vacated and no arrears were due.

11 Jan 2010

The petitioners, original plaintiffs, filed Regular Civil Suit No.596 of 1996 for possession of suit property bearing Municipal House No.1805, City Su...

High Court

Bombay High Court Allows Appeal Against Eviction Decree in Favour of Court Receiver — Tenancy Rights Not Extinguished by Consent Terms. The Court held that the Court Receiver could not evict the defendants as trespassers without due process, as the consent terms did not terminate their tenancy rights.

13 Sep 2010

The appeal arises from a judgment and decree dated 22nd February 2010 passed by the Bombay City Civil Court in S.C.Suit No.1154 of 2000, decreeing the...

High Court

Bombay High Court Allows Additional Evidence in Eviction Appeal Under Order 41 Rule 27 CPC — Petitioner Granted Opportunity to Produce Rent Receipts to Show Compliance with Rent Control Act. The court held that the appellate court must consider whether additional evidence is necessary for a just decision and cannot reject it without proper application of mind.

13 Jul 2011

The petitioner, Sadruddin s/o Jeevanlal Dobriya, was a tenant in a property owned by the respondent, Parshuram Mahadeo Bramhankar. The respondent file...

High Court

Bombay High Court Allows Petitioner's Challenge to Closure Order Under ITP Act for Lack of Repeated Conduct and Non-Compliance with Section 18(1) Conditions. Single Incident of Allowing Prostitution in a Lodge Does Not Justify Permanent Closure Without Evidence of Habitual Use or Proximity to Public Place.

20 Aug 2011

The petitioner, Ajay Manmathappa Shete, runs a hotel/lodge named Pratham Lodge in Osmanabad. On 17.2.2011, the Sub-Divisional Magistrate, Osmanabad, i...

High Court

Bombay High Court Dismisses Review Petition in Eviction Case — No Error Apparent on Record. Review of judgment dated 21.10.2010 in Writ Petition No.711/2010 rejected as applicants sought re-argument of merits, not review under Order 47 Rule 1 CPC.

1 Aug 2011

The applicants, tenants Shrichand s/o Rochaldas Khemani and Kawarlal s/o Rochaldas Khemani, filed a review application before the Bombay High Court, N...

High Court

Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

21 Oct 2011

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court's Refusal to Allow Additional Documents in Eviction Suit — No Error in Exercise of Discretion Under Order 13 Rule 1 CPC.

25 Jul 2019

The petitioners, as plaintiffs in a suit for eviction, sued two defendants. The second defendant, during his cross-examination, applied to produce cer...

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