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Search Results for "tenant construction"

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High Court

High Court Rules on Unlawful Subletting: Transfer of Tenancy Disguised as Business Sale Invalid. Court highlights the misuse of tenancy rights and emphasizes protection of landlords under Bombay Rent Act.

7 Oct 2024

The Bombay High Court ruled in favor of the petitioner, legal heirs, in a long-standing eviction dispute regarding unlawful subletting of commercial p...

High Court

High Court of Karnataka Allows Appeal in Possession Suit, Remands Case for Fresh Consideration on Tenant's Claim of Ownership and Adverse Possession. The court set aside the trial court's decree for possession and damages, finding that the defendant's plea of adverse possession and the validity of the gift deed were not properly adjudicated.

9 Jan 2024

The appellant-defendant, Sri T.A. Kaleemulla, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment...

High Court

Bombay High Court Upholds Tenancy Rights of Legal Heirs Under Section 40 of Bombay Tenancy and Agricultural Lands Act, 1948 — MRT Order Restored. The court held that the legal heirs of a deceased tenant are entitled to be declared as tenants under Section 40 of the Bombay Tenancy and Agricultural Lands Act, 1948, and that the MRT's finding of tenancy was based on evidence of cultivation and payment of rent.

5 Jun 2023

The petitioners, who are the legal heirs of the original tenant Namdev Jadhav, challenged the order of the Maharashtra Revenue Tribunal (MRT) dated 9t...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Tenant's Application for Standard Rent Under Section 11(2) of Bombay Rent Act Protects Against Eviction for Arrears. The court held that a tenant who applies for standard rent before the suit is filed is not in default and cannot be evicted for arrears under Section 12(3)(a) of the Bombay Rent Act, 1947.

11 Jul 2017

The case involves a landlord (petitioner) who sought eviction of a tenant (respondent) from an open space admeasuring 6 ft X 6 ft at Survey no.553 at ...

High Court

Bombay High Court Dismisses Petition Challenging Eviction in Goa Rent Control Act Case — Subletting Without Consent Justifies Eviction Under Section 22(2)(b)(l) of Goa Rent Control Act, 1964. The court held that a lease clause permitting third-party use does not survive the tenant's death and does not bind the landlord, making the subletting without consent a valid ground for eviction.

14 Dec 2016

The case involves a dispute over eviction from commercial premises in Vasco da Gama, Goa. The petitioners, heirs of the original tenant Andrew Avelino...

High Court

Bombay High Court Allows Landlord's Eviction Petition in Rent Control Case — Tenant's Use of Residential Premises for Creche Constitutes Change of User and Nuisance. Running a creche in a residential tenancy amounts to change of user and nuisance, justifying eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

10 May 2013

The original plaintiff, Smt. Sudha Sumant Barve (since deceased, represented by legal heirs), owned the ground and first floor of Shrikrupa Building i...

High Court

Bombay High Court Allows Tenant's Appeal in Eviction Case — Landlord's Bonafide Requirement Not Proved. The Court held that the landlord failed to establish reasonable and bonafide requirement for the suit premises under Section 32(4) of the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act.

12 Sep 2012

The case involves a writ petition filed by the legal heirs of the original tenant, Dinanath Rama Naik, against an eviction order passed by the Rent Co...

High Court

Bombay High Court Dismisses Tenant's Petition and Allows Landlady's Petition in Eviction Suit Based on Damage and Nuisance. Concurrent findings of fact regarding permanent construction and nuisance under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, upheld in writ jurisdiction.

18 Feb 2011

The judgment arises from two cross writ petitions challenging a decree of eviction passed against the tenant. The landlady, Smt. Pramila Vijay Phansal...

High Court

Bombay High Court Allows Writ Petition Against Eviction Notice Under Public Premises Act — Tenant's Rights Upheld. The Court held that premises owned by a nationalised company not taken over by the Central Government are not 'public premises' under Section 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and the eviction notice was invalid.

7 Jun 2010

The petitioner, Dr. Suhas H. Pophale, filed a writ petition under Article 226 of the Constitution of India challenging the judgment and order of the P...

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