Search Results for "Statutory Tenancy"

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Supreme Court Refers Issue of PP Act Overriding Rent Control Acts to Three-Judge Bench. Constitution Bench in Ashoka Marketing (1990) 4 SCC 406 held PP Act prevails; two-judge bench in Suhas H. Pophale (2014) 4 SCC 657 carved exceptions; conflict referred for determination.

The batch of civil appeals arose from eviction proceedings initiated by the Life Insurance Corporation of India under the Public Premises (Eviction of...

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Bombay High Court Quashes Eviction Orders Against Tenant in Public Premises Act Case — Estate Officer Lacks Jurisdiction Over Genuine Tenancy Dispute. Lawful Tenant Cannot Be Evicted Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Dispute Must Be Adjudicated by Civil Court.

The petitioner, Nusli Neville Wadia, was a lawful monthly tenant of Flat No.B/27 at Mayfair Gardens, Malabar Hill, Mumbai, since 1 October 1972, payin...

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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.

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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Bombay High Court Allows Second Appeal in Eviction Suit, Holds That Successive Short-Term Agreements Create License Not Tenancy Under Goa Rent Control Act. The court restored the trial court's decree of eviction, finding that the defendant was a licensee whose license had expired.

The case involves a second appeal by the plaintiff, Maria Manuela Piedade Bernadete Tereza Quiteria Moniz, against the judgment of the First Appellate...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...