Rent Enhancement – Fair Rent Assessment – Petitioners challenged the Tribunal’s order directing payment of enhanced fair rent and current rent – Contention that the Tribunal granted final relief on an interlocutory application and erroneously applied precedents without factual alignment – Order set aside and directions issued for proper assessment by the Tribunal [Par...
Commercial Law – Additional Documents in Commercial Suits – Petitioners sought to place additional documents on record which were allegedly in possession of previous counsel – Dismissal of the application by the Commercial Court upheld – Requirement for strict adherence to timelines and procedural rigour under Commercial Courts Act emphasized – Petitioners failed to e...
Tenancy Law - Landlord-Tenant Relationship – Unlawful Subletting – Tenant's Liability Confirmed – The plaintiffs (landlords) challenged the finding that Defendant Nos. 2 and 3 were direct tenants of the plaintiffs, asserting that they were unlawfully inducted as subtenants by Defendant No. 1 (son of the original tenant) – Held: The Trial Court and Appellate Court errone...
Landlord-Tenant Dispute – Oral Lease Agreement – Enhancement of Rent – The appellants, representing a corporation, appealed against the trial court’s decision to award enhanced rent and repair costs to the respondent-plaintiff, who had leased six godowns to the appellants. The respondents claimed that the appellants had agreed to an oral contract for rent enhancement and re...
Eviction Suit – Default in Payment of Rent – No Default Found - The appellant, a tenant, was accused of failing to pay rent for two consecutive months, October and November 2012. He contended that he had attempted to pay the rent in person and later sent it via money order, which the landlord refused. The appellate court found him to be in default; however, the High Court held that the...
Facts:
The present case revolves around a dispute between the petitioner, Mr. Suresh Shah, and the respondent, Hipad Technology India Private Limited. The petitioner is the landlord, and the respondent is the tenant of a commercial property. The lease agreement between the parties contains an arbitration clause, which provides an alternate mode of dispute resolution. Subsequently, a dispute ar...
Mangat Ram had four sons, and his family tree branched into different lineages. The appellant, Bhagwat Sharan, claimed to be the grandson of Umrao Lal, one of the sons. The case revolved around the joint family's property, including houses and agricultural land. The appellant argued that the properties were part of a Hindu Undivided Family (HUF), while the respondents contested this claim.
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Facts:
The appellant was a permanent Mirashi tenant who had mortgaged the property to the respondent.
After the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 came into effect, the mortgagee obtained a re-grant of the property.
The appellant sought redemption of the mortgaged property, claiming that their right to redeem had not been extinguished by the re-grant.
I...
Rent & Eviction – Re-induction of Tenant – Statement by counsel in court – Landlord bound by counsel's statement regarding re-induction of tenant – High Court's decision to uphold counsel's statement in review petition justified – Counsel's statement binds landlord, cannot resile from it – Order for re-induction of tenant in reconstructed pre...
Rent Control – Determination of Fair Rent – Appeal against High Court order dismissing challenge to fair rent determination – Application for fair rent can be made by both landlord and tenant even during the currency of contractual tenancy – Supreme Court upheld the dismissal of the appeal, affirming that the Rent Control Act provisions override contractual agreements and a...