Court : Mumbai
Reported in : (2007)109BOMLR1799; 2007(5)MhLj869
..... the decision in vannattankandy ibrayi's case (supra) is in relation to the matter arising under kerala rent act wherein the issue was whether the tenant without consent or permission of the landlord can put up a new construction on the site where the old structure was destroyed, and it was held that section 11 of the kerala rent act does not provide for eviction of the tenant on the ground of destruction of the building or the superstructure, and even when there is no superstructure in existence, the landlord cannot claim recovery of possession of vacant site under the kerala rent act.22. ..... the appointment of the court receiver was merely to safeguard and protect the suit property and it does not in any manner mitigate the obligations of the appellants to hand over possession of the premises to the respondent no. 1.31. ..... 1 was required to find out some temporary accommodation in some other premises in any other building at its own cost. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(4)BomCR579
..... submissions on behalf of the petitioner :ms.purohit, learned counsel appearing for thepetitioner, therefore, submitted that under the schemeof the act, respondent nos.1, 2 and 3 had taken it onthem to protect the tenants of the dilapidatedbuildings. ..... theprevious approval of the authority - (a) hand over the execution under its ownsupervision of any building repairs scheme,building reconstruction scheme, or dishousedoccupiers housing scheme to a municipalcorporation or to a co-operative society orto any other agency recognised for thepurpose by the board, as it may deemnecessary, and (b) transfer by sale, exchange or otherwisein any manner whatsoever any new buildingconstructed on any land acquired under thischapter to any co-operative society, if it isformed by all the occupiers, or to apartmentowners for the purposes of the maharashtraapartment ownership act, 1970 (the apartmentowners being ..... (5) subject to the provisions of thissection, every occupier, whether or not heaccepts temporary accommodation, shall have aright to get such accommodation in the newbuilding or in such other building maintainedby the authority, and on payment, of suchrent service charges, hire purchaseinstalment or, as the case may be, sale priceand subject to such other terms andconditions,as the board may determine. ..... in the case of state of kerala vs.kumari t.p. .....
Tag this Judgment!Court : Mumbai
Reported in : 1982(1)BomCR619
..... 1 has become owner of the same because the tenants had left cultivation and, therefore, it became accretion to saranjam estate and had become part of the saranjam estate itself, and therefore, are not liable for partition. ..... 14 was a protected tenant cultivating this land and was entitled to purchase it under the provisions of bombay tenancy and agricultural lands act. ..... so founded, jagirs and saranjams, with the fuedal incidents connected with them, are granted or withheld at the will and pleasure of the sovereign power, and, it granted, the fixity of tenure is always subject to interruption and revocation by resumption, be it temporary or absolute in character. ..... curiously enough, the trial judge by order dated march 20,1970 allowed the review application and set aside its earlier order observing that the question of discovery is reserved till the concerned issues of the plaintiff's right in the disputed properties are decided. ..... after the issues were settled and before the evidence commenced on january 19,1970, the plaintiff filed an application (exh. ..... 154) on january 31, 1970 and claimed that order of production is utterly uncalled for materially irregular, patently illegal and highly detrimental to the interest of defendant no. 1. ..... the trial judge passed an order on january 23,1970 itself below exh. ..... on january 23,1970, defendant no. ..... 1 to produce all documents in his possession in respect of saranjam estate on or before february 10, 1970. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom232; (1970)72BOMLR369; ILR1970Bom841; 1969MhLJ933
..... counsel took us through the previous history of the legislation particularly through the provisions of section 9 of the berar regulation of agricultural leases act, and he pointed out that protected lessees under those provisions enjoyed a special protection and that therefore it in sub-section (7) of section 38 which deals only with protected les-sees, a special date is fixed for giving notice to the tenure-holder which creates rights under sub-sections (1) and (2) namely, of applying for possession for his or her bona fide cultivation, it could be justified, even though ..... pointed out that a conflict would arise between sub-section (2) and sub-section (7) of section 38 if partition were included in the word 'transfer', for, sub-sections (1) and (2) of section 38 dealt with all tenancies, whereas sub-section (7) dealt with only a tenant who was a protected lessee, and they saw no reason why in the latter case the right was put an end to after the 1st day of august 1953, while under the proviso to sub-section (2) it was put an end to by 30th june 1959 ..... states of madras and kerala, : [1960]3scr887 .18. .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR663; 1986MhLJ49
..... the very fact that even immediately after the marriage, the plaintiff and farook did not go to that flat for even temporary stay, is eloquent enough to infer that now it will be impossible for them along with their two daughters, to squeeze themselves into the overcrowded flat. ..... before filing the suit, the plaintiff had obtained a certificate dated 29th march, 1977 from the director of the department of atomic energy, bombay, that she was holding a scientific post in the tata memorial centre which was an aided institution within the meaning of explanation 1 to section 13-a2, and that she did not possess any other suitable residence in the local area where she or the members of her family could reside. ..... its perusal makes it abundantly clear that after taking stock of all the previous rulings, the learned judge has reached the conclusion that distinction has to be made between the proof of 'the contents of a document' and the proof of 'truth of the contents of the document'. ..... in the present case the material facts that have occurred after the issuance of the certificate are that the plaintiff has been blessed with two daughters after the marriage and there has been increase in the number of the occupants of farook's mother's overcrowded matunga flat. ..... as the license was admittedly subsisting on 1st of february, 1973, the company became deemed tenant under section 15-a of the act. ..... 1970 mysore 138, smt. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)ALLMR683; 2000(1)BomCR670; (2000)2BOMLR891
..... 8 of 1970 before the civil judge, junior division, koparagaon, wherein along with the landlord, the purchasers/petitioners were also joined as a judgment debtors and it is contended that even though the decree is against the landlords/original defendants, however, the said decree is binding as against the purchasers in view of section 52 of the transfer of properly act, namely, the purchase of the land by the purchasers being hit or affected by the principle of lis pendens and, therefore, the prayer was made that the purchasers be kept in civil prison and that in order to see that the decree is executed ..... he further submitted that when in a decree for perpetual injunction the decree holder is dispossessed by the acts of the judgment debtor or persons claiming through the judgment debtor, the court has to find out some efficacious way to protect the possession of the decree holder and, therefore, court can invoke the powers under section 151 of the code of civil procedure and issue a possession warrant. 11. ..... it appears that on or about 15-6-1966, the original landlord obstructed the original tenant nababbi in cultivation of land and, therefore, regular civil suit no. ..... the pendency of any suit for cancellation of the decree and the temporary injunction against the decree holder directing him to maintain status quo will not stand in the way of the executing court to execute the decree. ..... during the pendency of the said suit, there was no temporary injunction. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(4)BomCR508; 2001(2)MhLj758
..... the term 'tenant' is defined in section 2(23) as a person who on or after the date of commencement of the said act holds land on lease and cultivates it personally and includes a person who is deemed to be a tenant under the said act. ..... in maravakulath alavi's case (supra), the kerala high court has held that a suit for injunction simpliciter where the plaintiff claims possession on the ground that he is a tenant is not liable to be stayed under section 125(3). ..... if the plaintiff is not in possession then the suit for perpetual injunction simpliciter would be untenable and in such a situation if he applies for temporary injunction not being in possession arid if the courts were to grant such a relief, then there is every possibility that such an order obtained by an ingenious and crafty plaintiff on suppression of true facts is likely to be used not as a shield to preserve and protect his possession, but verily as a warrant of possession against which the courts issuing an order of injunction must guard themsleves. ..... in karthiyayani amma's case (supra) the kerala high court has held that a person in possession of immovable property can sustain a suit for injunction against the rightful owner preventing him from disturbing his possession. 23. ..... besides, the decisions of the kerala high court referred to above and relied upon by the learned advocate for the respondents do not lay down the correct law. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1991Bom85
..... , therefore, be taken as well-established : (1) to ascertain whether a document creates a licence or lease,the substance of the document must be preferred to the form; (2) the real test is the intention of the parties -- whether they intended to create a lease or a licence; (3) if the document creates an interest in the property, it is a lease; but, if it only permits another to make use of the property, of which the legal possession continues with the owner, it is a licence; and (4) if under the document a party gets exclusive possession of the property, 'prima facie', he is considered to be a tenant; but circumstances may be established which negative ..... the learned judge of the trial court by his impugned judgment and decree was pleased to hold that the transaction between the parties was one of a lease and the defendants were protected by the provisions of the bombay rent act. ..... the licensee agreed that the grant of the licence did not in any way create any tenancy right or intended to create any tenancy right and that the said grant is personal and the possession of the plot of the temporary structure was of and with the licensor. ..... the agreement provides that there was a temporary kutcha structure and the same was permitted to be used by damodar for the purpose of keeping his tools. ..... she was married to damodar govind much later in the year 1970, she does not claim any personal knowledge as she came to bombay from kerala after her marriage. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1996Bom389; 1996(4)BomCR414; (1996)98BOMLR87
..... these rights existed in favour of the lessees and/ or tenants in ordinary law and in that connection protection under the rent restriction act was never necessary. ..... and) (b) elsewhere, the court of the civil judge (junior division) having jurisdiction in the area in which the premises are situate or, if there is no such civil judge the court of the civil judge (senior division) having ordinary jurisdiction, shall have jurisdiction to entertain and try suit or proceeding between a landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of this parly apply (or between a licensor and a licensee relating to the recovery of the licence fee or charge) and to decide any application made under this act and ..... pattiori ramadasan, : air1984ker181 wherein the kerala high court held thus - 'the more substantial point in dispute is the impact of the total destruction of the subject-matter of the lease. ..... harilal govindjibhogani, : [1970]2scr950 and, division bench judgment of this court in mirabelle 'hotel company private ltd. v. ..... harilal govindji bhogani, : [1970]2scr950 held that-'having due regard to the aspects mentioned above and the provisions of ss. .....
Tag this Judgment!Court : Mumbai
Reported in : (1991)93BOMLR289
..... that context, he drew my attention to some of the provisions of the said act and also to the fact that by the fifth amendment on the tillers' day such agricultural tenants have been given protection and there can be no question of eviction of such tenants from any property. mr. ..... submitted that as far as cashewnut was concerned, there was another act of 1971 giving protection to the cashewnut trees and arecanut trees being the goa, daman and diu protection of rights of tenants (cashewnut and arecanut gardens) act, 1971. ..... that if it can be held that the appellants are agricultural tenants by virtue of the said act, 1964, they would be entitled to protection, if they were in possession of the property as tenants on july 1, 1962, irrespective of the fact that the amendment came into force in 1976. ..... he submitted that the definition being an inclusive definition it must include every operation relating to cultivation of the land and it is in that sense, the suit land becomes an agricultural land, and the lease is for agricultural ..... the learned judge observed as follows:it is not possible to accept the contention of the learned counsel for the plaintiff-respondent that since the relationship of landlord and tenant had been put an end to by means of a notice dated 24.8.1964, the same cannot be restored even after the previous suit was dismissed by this court on 6.3.1970 ..... this act was a temporary act but it governed the situation till it was replaced by the fifth amendment in the year 1976 .....
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