Search Results for "Rent control protection"

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Search Results for "Rent control protection"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Eviction Decree Under Bombay Rent Act — Confirms Concurrent Findings of Default in Rent Payment and Subletting. Tenant's Legal Heirs Failed to Establish Bona Fide Defence or Statutory Protection Against Eviction for Unauthorised Subletting Under Section 15(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

3 Nov 2025

The present writ petition under Articles 226 and 227 of the Constitution of India was filed by the legal heirs of the original defendant, Madhukar Bap...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

20 Dec 2024

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Subletting Case — Tenancy Terminated Under Section 16(1)(e) of Maharashtra Rent Control Act, 1999. The court upheld the Appellate Bench's finding that the tenant had sublet the premises to persons who were not family members, and that the earlier judgment regarding adoption did not create res judicata.

5 Jul 2024

The case involves a Civil Revision Application filed by the defendants (applicants) challenging the judgment and order dated 1 November 2023 passed by...

Supreme Court

Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

15 Feb 2024

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

High Court

Bombay High Court Dismisses Second Appeal in Lease Dispute — Tenant Not Entitled to Protection Under Maharashtra Rent Control Act, 1999 as Lease of Open Land for Construction with Removal Clause Does Not Create Tenancy Under the Act. The lease of open land for a fixed term of 30 years expired by efflux of time, and the tenant's continued possession after expiry does not attract protection under Section 15(1) of the Maharashtra Rent Control Act, 1999, as the Act applies only to premises let for residence, education, business, trade, or storage.

3 May 2019

The appellant, Narendra Harilal Jethwa, was the defendant in Regular Civil Suit No.132 of 2002 filed by the respondents, who are trustees of a public ...

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 Writ Petition Challenging Section 14 SARFAESI Act Order for Police Aid — No Locus Standi for Borrower's Partner After Property Sold to Third Party. The Court held that once the secured asset is sold and possession handed over to the auction purchaser, the borrower or its partner has no right to challenge the Section 14 order, and the remedy lies before the DRT under Section 17 of the SARFAESI Act.

9 Oct 2015

The petitioners, M/s. National Laminate Corporation (a partnership firm) and its partner Mr. Jayantilal L. Nisar, filed a writ petition under Article ...

High Court

Bombay High Court Dismisses Second Appeal of Licensee in Possession Suit — Licensee Paying License Fee Not a Tenant Under Rent Control Order. Permission of Rent Controller Not Required for Eviction of Licensee Under C.P. & Berar Letting of Houses and Rent Control Order, 1949.

4 Dec 2014

The respondent, a public trust registered under the Bombay Public Trust Act, 1950, owned premises in Wardha for promotion of Khadi and Village Industr...

High Court

Bombay High Court Allows Landlady's Petition in Rent Control Case — Notice Demanding Higher Rent Than Agreed Rent Is Valid Under Section 15 of Maharashtra Rent Control Act, 1999. The Court held that a notice under Section 15 demanding a higher rent than the agreed rent is not bad in law, and the tenant must pay the admitted rent within 90 days.

11 Feb 2013

The petitioner, Smt. Fehameeda Begum, is the landlady of a premises occupied by the respondent, Shri Abdul Hafiz, as a tenant. The landlady issued a n...

High Court

Bombay High Court Allows Landlords' Eviction Petition in Rent Control Case — Bonafide Need Established, Comparative Hardship Cannot Deny Decree. Section 16(1)(g) of Maharashtra Rent Control Act, 1999 requires eviction when bonafide need is proved and no other suitable premises available, even if tenant faces hardship.

10 Aug 2010

The case involves two cross writ petitions arising from a landlord-tenant dispute. The landlords (petitioners in WP 4926/2006) are the legal heirs of ...

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