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Bombay High Court Allows Landlord's Eviction Suit Under Bombay Rent Act, Stays Execution Till Death of Widow Tenant. Court Holds Landlord's Need for Additional Accommodation Bonafide and Reasonable, Not Requiring Dire Necessity Under Section 13(1)(g) of Bombay Rent Act, 1947.

The petitioner-landlord filed a writ petition under Article 227 of the Constitution of India challenging the concurrent findings of the lower courts w...

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Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

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Bombay High Court Dismisses Tenant's Petition in Rent Control Eviction Suit for Landlord's Bona Fide Need. Landlord's Title Under Will and Bona Fide Requirement for Advocate's Office Upheld Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, Manhar Auto Stores, a partnership concern, was a tenant in a shop premises owned by Dr. Hansrajbhai Shah, who executed a registered Wi...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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Bombay High Court Allows Second Appeal in Easement Case — Right of Way Established by Prescription. Plaintiffs' claim for easement of necessity fails due to alternative access, but right of way by prescription under Section 15 of Easements Act, 1882 is upheld based on 20 years of uninterrupted user.

The case involves a dispute over a right of way between two branches of the same family. The plaintiffs, Laxman Sagun Vaigankar and Sitabai Sitaram Va...

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Supreme Court Dismisses Plaintiff’s Appeal in Hindu Succession Case — Doctrine of Pious Obligation Applied to Tamil Vannian Christians. Endorsee of Promissory Note Entitled to Sue Non-Executant Coparceners Where Endorsement Transfers Debt under Hindu Law

The dispute arose out of a suit for partition and declaration filed by the appellant (plaintiff), the son of the eighth defendant, against the first r...

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Supreme Court Hears State's Appeal Against Quashing of Acquisition of Part of Building Without Land Under Land Acquisition Act, 1894. The High Court Held That Acquisition of a Portion of a Building Without Acquiring the Land Beneath It is Invalid.

The State of Maharashtra appealed against a common judgment of the High Court dated 10.3.2006 in two writ petitions filed by Reliance Industries Ltd. ...

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Bombay High Court Dismisses Landlords' Petition for Eviction on Ground of Reasonable and Bona Fide Requirement — Concurrent Findings of Fact Not Interfered With. Landlord's Own Witness Admitted No Need for Possession, Defeating Claim Under Rent Control Law.

The petitioners, landlords of commercial premises in Kolhapur, filed a suit for eviction against the tenant on grounds of non-user, erection of perman...