Search Results for "tenancy right"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "tenancy right"

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High Court

Bombay High Court Dismisses Petition Challenging Jurisdiction of Estate Officer Under Public Premises Act in Eviction Proceeding by Mumbai Port Authority. Lease Granted in 1962 for Construction of Building Does Not Confer Rent Control Protection as Premises Belong to Port Authority Exempted Under Section 4(1) of Bombay Rent Control Act and Section 4(4)(a) Exception Not Applicable.

5 Dec 2024

The petitioners, Raian Nogi Karanjawala and another, filed a writ petition challenging the order of the Estate Officer (respondent No.17) dated 22.11....

Supreme Court

Supreme Court Dismisses Appeals by Development Authority in Land Allotment Case, Upholding High Court's Directions for Sale Deed Execution and Refund. The Court found no error in the High Court's judgment under Section 100 of the Code of Civil Procedure, 1908, based on allotment letters, possession handover, and lease-cum-sale agreements creating enforceable rights.

28 Apr 2023

The Supreme Court disposed of a bunch of appeals challenging a common judgment of the High Court that decided five Regular Second Appeals. The appeals...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Tenancy Dispute — Subletting and Bonafide Requirement Established. The Court upheld findings that the tenant sublet premises without consent and that the landlord's family of 11 members required additional space, confirming eviction under the Maharashtra Rent Control Act, 1999.

29 Nov 2023

The case involves a civil revision application filed by Ajay Mahasukhlal Shah (applicant/defendant no.2) challenging the judgment and order dated 18/0...

High Court

Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

26 Feb 2020

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

High Court

Bombay High Court Allows Landlord's Second Appeal in Eviction Suit — Subsequent Extension of Rent Act Not Applicable to Pending Appeals Under Section 50 Proviso. The Court held that the proviso to Section 50 of the Bombay Rent Act saves pending suits and proceedings from the application of the Act, and a notification extending the Act's applicability during appeal does not affect the suit's governing law.

31 Mar 2010

The case involves a second appeal by the original plaintiff-landlord against the judgment of the appellate court (Additional District Judge, Pune) whi...

High Court

Bombay High Court Allows Tenants' Petition in Rent Dispute Under Bombay Tenancy Act — Overriding Effect of Section 11 on Maximum Rent Prevails Over Section 13(3)(a). The court held that the non obstante clause in Section 11 of the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958 overrides Section 13(3)(a), and rent cannot exceed three or four times the land revenue.

23 Jun 2010

The petitioners, tenants on agricultural land owned by Smt. Bhimabai, filed a writ petition challenging the fixation of rent. The controversy centered...

High Court

Bombay High Court Dismisses Revision Against Ejectment Decree in Rent Control Matter — Tenant's Subletting and Unauthorised Construction Justify Eviction Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Concurrent findings of fact on subletting and permanent alterations cannot be interfered with in revision under Section 115 CPC.

31 Aug 2010

The case involves a revision application filed by the tenants (M/s A.P. Hordiwala & Co. and its partners) against a judgment of the Appellate Bench of...

High Court

Bombay High Court Allows Revision in Rent Control Case — Tenant's Eviction Set Aside Due to Lack of Proper Notice Under Section 12(3) of the Bombay Rent Act. Landlord failed to prove valid termination of tenancy as notice under Section 12(3) was not served in accordance with law.

7 Oct 2010

The case arises from a civil revision application filed by the original defendant, Subhash Sambhashiv Bona Pawar, challenging the judgment and order d...

High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Decree in Rent Control Matter — Concurrent Findings of Default in Payment of Rent and Subletting Not Interfered With. The court upheld the eviction decree under Sections 12(3)(a) and 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as the tenant failed to pay rent and sublet the premises without consent.

30 Nov -0001

The case arises from a writ petition filed by the legal heirs of the original defendant-tenant (Shivnath Anandram Mundada) challenging a decree of evi...

High Court

Bombay High Court Dismisses Suit for Possession of Tenanted Flat Due to Lack of Jurisdiction Under Section 33 of Maharashtra Rent Control Act, 1999. Dispute Between Siblings Over Possession of Flat Held Exclusively Triable by Small Causes Court, Not Civil Court.

3 Apr 2012

The plaintiff, Arun Bhaskar Adarkar, a senior citizen of Indian origin residing in the USA, filed a suit in the Bombay High Court seeking possession o...

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