#Tenancy Disputes

Bombay High Court rules that tenancy authorities under the Maharashtra Tenancy Act cannot adjudicate disputes involving joint family property, reinforcing civil courts' exclusive jurisdiction. The judgment clarifies that Section 32G orders do not override the civil court's authority in partition suits or ownership disputes under Hindu Law.

Bombay High Court reinforces that limitation under Order VII Rule 11 CPC is a pure question of law, to be decided exclusively on the plaint’s averments. The ruling revives a tenant’s suit for tenancy declaration, clarifying that the cause of action arose only post-reconstruction of the fire-destroyed property, not from the original tenancy date.

The Karnataka High Court ruled that a Land Tribunal lacks jurisdiction to grant occupancy rights exceeding the extent claimed in Form No.7 unless amended before final adjudication. This decision underscores the procedural rigidity in tenancy disputes, binding parties to their initial claims under the Act.

The Calcutta High Court has ruled that any pending suit involving commercial tenancy eviction and mesne profit, once the Commercial Division is constituted, must be transferred under Section 15 of the Commercial Courts Act, 2015. Orders passed by non-commercial divisions after this requirement arises are null and void, impacting landlords, commercial tenants, and property litigants across India who must now ensure proper jurisdictional routing from the outset.