Maharashtra Rent Control Act Archives

effect of building demolition on Tenancy

Tenancy continues despite demolition, but eviction justified on landlord’s bona fide requirement & tenant’s prolonged non-user: Bombay HC

“It is clear that the landlord has established the requirement as pleaded and subsequent developments are not such as to completely eclipse or extinguish the bona fide requirement.”

Case Briefs High Courts

‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord

“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.

Case Briefs Supreme Court

Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC

‘Eviction proceedings under Section 16(1)(i) and (k) of the Maharashtra Rent Control Act, 1999 have different degrees of urgency, the former has a lesser degree of urgency than later, and it is within the jurisdiction of the Court to test this factor.’