#tenant rights

Allahabad High Court holds that the Places of Worship (Special Provisions) Act, 1991 does not shield pre-1947 religious structures from land acquisition under eminent domain. Tenants and occupants lack locus standi to challenge such acquisitions, reinforcing state authority over public infrastructure projects.

Allahabad HC mandates Rent Authority to decide stay applications within two weeks and restoration applications within one month, halting execution proceedings for three weeks. The ruling underscores the urgency of interim relief to prevent tenants from facing irreversible dispossession during pendency of restoration applications.

The Allahabad High Court has ruled that a tenant who deposited rent far above the admitted monthly rate of Rs. 450 is entitled to a refund of the excess amount after lawful adjustment, even when eviction is upheld. This sets a clear precedent for landlords to account for overpayments under the U.P. Rent Act, protecting tenants from unjust enrichment and ensuring financial fairness in eviction proceedings.

The Punjab & Haryana High Court ruled that a pre-emption claim under the Punjab Pre-emption Act, 1913, requires independent proof of tenancy on the date of sale. Post-litigation alterations to revenue records cannot substitute for contemporaneous evidence, setting a strict standard for tenant-right claims in property disputes.

The Bombay High Court granted an interim stay against the demolition of a decades-old safety door installed by tenants for child protection, holding that selective enforcement by the Municipal Corporation violates natural justice. The ruling affirms that long-standing, non-disruptive structural adaptations by vulnerable residents cannot be arbitrarily removed without addressing systemic inconsistency in municipal action.

Calcutta High Court quashes criminal complaint under Section 482 CrPC, reaffirming that criminal proceedings cannot be weaponized to pressure parties in civil disputes. The ruling underscores that vague allegations without specific criminal intent constitute abuse of process, especially when parallel civil suits are pending.

Bombay High Court holds that statutory intimation under Section 32F of the Maharashtra Tenancy Act is mandatory to commence limitation period for tenant's purchase right.

Bombay High Court holds that developer's prolonged inaction in municipal redevelopment justifies termination; interim relief under Section 9 denied where tenant rights outweigh developer's profit interests.