#vacant possession

Bombay High Court rules that dissenting housing society members, even if non-signatories to a redevelopment agreement, must vacate flats under Section 9 of the Arbitration Act if the developer complies with the agreement and the majority approves redevelopment. The ruling clarifies that interim relief under Section 9 extends to non-signatories when the agreement's terms are legally binding on all members.

The Kerala High Court granted a 23-year tenant nine months to vacate premises, overriding the landlord's established reasonable requirement by prioritizing equitable relief and practical hardship. This sets a critical precedent that statutory rights to possession must be balanced with human dignity and livelihood concerns, especially for long-term tenants with no immediate alternatives.

The Punjab & Haryana High Court allowed a tenant six months to vacate premises despite violating a court-recorded mediation undertaking, but only on the condition of filing a binding affidavit and adhering to strict, court-monitored payment obligations. This reinforces that equitable relief in rent control cases is discretionary and contingent on demonstrable good faith, not a right arising from procedural breach.