Topic
Bombay HC rules that mesne profits under the Maharashtra Rent Control Act accrue from the date of eviction decree, not the filing of the suit. The judgment clarifies statutory tenancy rights and ensures landlords cannot claim damages retroactively, impacting eviction litigation strategy for property disputes.
The Madhya Pradesh High Court has affirmed that courts may invoke inherent powers under Section 151 CPC to grant a final opportunity to a tenant to file a written statement in an eviction suit, provided a substantial cost is paid to the plaintiff. This reinforces equitable relief in possession disputes where procedural lapses do not override the right to be heard, especially when possession is at stake.
MP High Court reaffirms that plaintiffs, as dominus litus, cannot be compelled to implead defendants against whom no relief is sought, even if they are subtenants. The ruling clarifies that impleadment under CPC Order 1 Rule 10(2) is discretionary and not mandatory where no cause of action exists, safeguarding plaintiffs' procedural autonomy in eviction suits.
Telangana High Court ruled that eviction from a residential home housing minor children without prior notice is arbitrary and unconstitutional, violating principles of natural justice. The Court restored possession to the petitioner, emphasizing that statutory authorities must adhere to due process regardless of the forum involved.