Topic

possession recovery

1 articleLatest June 2026
Tenancy Cannot Be Terminated by Temporary Landlord Use Without Written Surrender or Eviction Decree | Bombay Rent Act, Section 13(1)(ii) : Bombay HC
Case Law Analysis
|Bombay High Court

Tenancy Cannot Be Terminated by Temporary Landlord Use Without Written Surrender or Eviction Decree | Bombay Rent Act, Section 13(1)(ii) : Bombay HC

The Bombay High Court ruled that a landlord’s temporary occupation of rented premises for personal use - even with oral consent - does not extinguish tenancy rights. Rent receipts and absence of written surrender invalidate claims of relinquishment, and possession must be restored upon cessation of temporary use. Only the Small Causes Court has exclusive jurisdiction to adjudicate such disputes.