Search Results for "tenancy surrender"

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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 surrender"

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High Court

Bombay High Court Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants.

8 Nov 2023

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into ...

High Court

Bombay High Court Dismisses Application to Declare Suit Non-Commercial in Specific Performance Dispute. Dispute over permanent alternate accommodation agreements held to be commercial under Section 2(1)(c) of Commercial Courts Act, 2015.

26 Feb 2022

The plaintiff, Sanghvi Premises Pvt. Ltd., filed a Commercial Suit No. 181 of 2018 seeking specific performance of permanent alternate accommodation a...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Case: Mirashi Tenant's Right of Redemption Extinguished After Land Resumed to Government and Regranted to Mortgagee Under Abolition Act. The Court held that the mortgagee's regrant was independent and not for the benefit of the mortgagor, and the mortgagor's failure to seek regrant extinguished his right of redemption.

17 Apr 2020

The case involves a dispute over the right of redemption of a mortgage concerning watan land. The suit land was originally a Paragana watan property g...

High Court

High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

14 Mar 2019

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

High Court

Bombay High Court Allows Landlord to Sue Unknown Heirs in Eviction Proceedings — Procedure for Service by Substituted Service and Appointment of Administrator General. The court held that a landlord may file an eviction suit against 'heirs and legal representatives, if any' of a deceased tenant when their names and addresses are unknown, and the court may direct substituted service and appoint the Administrator General to represent the estate.

11 Apr 2018

The Bombay High Court addressed a procedural dilemma faced by landlords in Mumbai when a tenant dies and the landlord is unable to identify or locate ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Land Tribunal Order in Tenancy Dispute — Petitioners Fail to Establish Tenancy Rights Over Agricultural Land. The court upheld the Land Tribunal's rejection of tenancy claim due to lack of documentary evidence, affirming that burden of proof lies on the claimant under the Karnataka Land Reforms Act, 1961.

4 Jan 2018

The petitioners, Sri B.S. Aswathappa and Sri V.K. Babu, filed a writ petition under Article 226 of the Constitution of India before the High Court of ...

High Court

Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Tenancy Validly Terminated Under Section 106 of Transfer of Property Act, 1882. Relationship of landlord and tenant established through lease agreement and rent receipts, and notice of termination held valid.

16 Jun 2016

The case involves a second appeal arising from a suit for eviction and possession filed by the original plaintiff (since deceased, represented by lega...

High Court

Bombay High Court Dismisses Appeal of Plaintiffs in Tenancy Dispute — Plaintiffs Fail to Prove Tenancy Rights. Court holds that mere possession or payment of rent does not establish tenancy without proof of lawful transfer or succession under the Maharashtra Rent Control Act, 1999.

10 Jun 2011

The case involves a dispute over a room (suit premises) allotted in lieu of an earlier tenanted room in a chawl at Mahim, Mumbai. The plaintiffs, Sulo...

High Court

Bombay High Court Allows Tenant's Writ Petition Challenging Refusal to Issue Certificate of Purchase Under Bombay Tenancy Act. The Court held that the tenant's right to purchase land under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 is not barred by limitation despite delay in issuance of certificate, and the Mamlatdar's order was perverse.

4 May 2011

The petitioner, Mesaji S/o Laxman Ubare, was a tenant of agricultural land owned by the respondents. He claimed to have become a deemed purchaser of t...

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