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Showing posts with the label Tenancy Law

Allahabad High Court: Absence of Written Tenancy Agreement Does Not Bar Eviction Proceedings Under UP Urban Premises Tenancy Act, 2021

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Case Title / Court / Bench / Date Case: Writ Petitions filed by Canara Bank Branch Office and Others Court: Allahabad High Court Bench: Justice Rohit Ranjan Agarwal Decision Date: 16 December 2025 Statute Involved: Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 Background of the Case The issue before the Allahabad High Court was whether a landlord can file an eviction application before the Rent Authority under the UP Regulation of Urban Premises Tenancy Act, 2021 , when: No written tenancy agreement was executed, and The landlord failed to furnish tenancy particulars to the Rent Authority. Earlier orders had rejected such eviction applications as non-maintainable , holding that absence of a written tenancy agreement ousted jurisdiction. The petitioners (including Canara Bank) challenged these findings. Key Legal Issue Before the Court Whether the Rent Authority under the UP Tenancy Act, 2021 has jurisdiction to entertain eviction applications in cases where: tenancy...

Tenancy Rights Cannot Be Bequeathed in Breach of Contract: Bombay High Court Ruling

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Introduction In a landmark judgment impacting the transfer and inheritance of tenancy rights, the Bombay High Court held that tenancy rights cannot be bequeathed through a will if such transfer breaches the contractual terms between a tenant and landlord. Justice Gauri Godse delivered this ruling, emphasizing that permitting such bequests would effectively allow tenancy rights to be transferred to strangers, contrary to the intent and terms of tenancy agreements. Background of the Case The case involved a 2,000-square-foot flat and garage located in the Queen’s Court Building , near Oval Maidan, Churchgate, Mumbai . The property was owned by the Life Insurance Corporation of India (LIC) and leased to Dr. Darasahah Bharucha on May 19, 1986 . After the death of Dr. Bharucha’s wife, Tehmina, the tenancy was transferred to him. Following Dr. Bharucha’s death on September 11, 1994 , his niece Nilofer Marshall , the daughter of his cousin, continued to occupy the flat. Marshall cl...