IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Darryl D’Monte (deleted since deceased) – Appellant
Versus
Vadilal Kunverji Gada – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1) These two Revision Applications challenge the common judgment and order dated 4 May 2022 passed by the Appellate Bench of the Small Causes Court in Appeal Nos. 27 of 2019 and 28 of 2019. By the impugned order, the Appellate Bench has allowed the Appeals and has set aside the judgment and order dated 3 November 2018 passed by the Learned Judge, Small Causes Court in Obstructionist Notice No. 15 of 2006 filed in T.E. & R. Suit No. 66 of 2002 and the said Obstructionist Notice filed by the Applicant has been dismissed. By its judgment and order dated 3 November 2018, the learned Judge of the Small Causes Court had allowed Obstructionist Notice No. 15 of 2006 filed by the Applicants/Plaintiffs and had directed Obstructionist Nos.1, 4, 5 and 6 to remove themselves from Gala No.1 i.e. Shop No.1 from the suit plot and handover vacant possession thereof to the Applicant/Plaintiffs. The Small Causes Court had further directed Obstructionist No.2 to remove itself from Gala No.2 i.e Shop No.2 in the suit plot and handover vacant possession thereof to the Applicants/Plaintiffs. Obstructionist No.3 was directed to remove itself from Gala No.3 i.e. Shop No.3 by h
Suresh Kumar Kohli Versus. Rakesh Jian and another
Vasudev Dhanjibhai Modi Versus. Rajabhai Abdul Rehman and Others
Dinkar S. Vaidya Versus. Ganpat S. Gore
Ramkrishna G. Dode and others Versus. Anand Dovind Kelkar and Others
Balwant N. Vishwamitra and others Versus. Yadav Sadashiv Mule and others
Rupchand Gupta Versus. Raghuvanshi Pvt. Ltd.
B. Gangadhar Versus. B.G. Rajalingam
Silverline Forum Pvt. Ltd. Versus. Rajiv Trust and Others
Ganga Dutta Murarka Versus. Kartik Chandra Das and others
Virji Nathuram and others Versus. Krishnakumar
General Radio and Appliances Co. Ltd. And others Versus. M.A. Khader
Cox and Kings. Ltd Versus. Chander Malhotra
D.G. Gose and Co. Pvt. Ltd. Versus. State of Kerala and another
Noorduddin Versus. Dr. K.L. Anand
Mahabir Prasad Verma Versus. Dr. Surinder Kaur
South Asia Industries Private Ltd. Versus. S. Sarup Singh and others
S.P. Chengalvaraya Naidu Versus. Jagannath and others
Jamnadas Dharamdas Versus. Dr. J. Joseph Farreira and another
In leases of open land, occupants inducted by lessee into self-erected structures are licensees without independent rights; must vacate upon lessee eviction decree, delivering vacant land; no sub-ten....
(1) Abatement of suit—After abatement of first suit no fresh suit could be brought on same cause of action.(2) Right to future rent—Right to realise future rent and profit from an immoveable property....
The court established that in eviction proceedings under the Bombay Rent Act, the landlord's title is irrelevant; only the landlord-tenant relationship needs to be proven.
The court upheld the eviction decree based on default in rent and unlawful subletting, emphasizing the necessity of compliance with rent control provisions.
The court emphasized strict adherence to statutory provisions in eviction cases, particularly regarding rent payment and tenant obligations under the Bombay Rent Act.
Important Point : The court upheld the eviction decree based on unlawful subletting and unauthorized structural alterations, interpreting lease provisions to restrict successive subletting without la....
The Appellate Court's failure to consider evidence of independent title and the lack of a mandatory injunction for removal of structures rendered the decree in-executable.
The court established that a landlord-tenant relationship suffices for eviction under the Maharashtra Rent Control Act, regardless of ownership, emphasizing unlawful subletting and rent default as gr....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.