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Bombay High Court Allows Revision in Rent Control Eviction Suit — Bonafide Requirement of Landlord Not Established. Landlord's claim for additional space for business expansion fails as it already had sufficient alternate accommodation and the need was not genuine.

The case involves a civil revision application filed by the tenant (M/s. Parmar Plastic Products & Ors.) against the judgment and order of the Appella...

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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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Bombay High Court Allows Co-operative Society's Writ Petitions Against Unauthorized Construction by Members. Dispute Between Society and Member Regarding Unauthorized Construction and Possession is Barred from Civil Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

The petitioner, The Manglorian Garden Homes Co-operative Housing Society Limited, filed three writ petitions challenging the orders of the Civil Judge...

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High Court of Karnataka Dismisses Revision Petition in Partition Suit — Order Rejecting Application for Judgment on Admissions Upheld. Court held that admissions must be clear and unequivocal for judgment under Order 12 Rule 6 CPC, and disputed questions of fact cannot be decided in such application.

The petitioner, who is the first defendant in a suit for partition and separate possession, filed a revision petition under Section 115 CPC challengin...

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Bombay High Court Allows Tenant's Petition in Eviction Suit — Landlord Failed to Prove Bona Fide Need for Residential Premises Under Section 16 of Maharashtra Rent Control Act, 1999. Tenant's Use of Rear Rooms for Storage and Occasional Stay Did Not Constitute Subletting or Change of User.

The petitioner, a tenant, challenged the judgment and order dated 11th August 1999 passed by the Additional District Judge, Thane, which partly decree...

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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...

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Bombay High Court Dismisses Tenant's Petition, Upholds Eviction Decree Under Section 15(3) of Maharashtra Rent Control Act, 1999. Tenant's Admission of Higher Rent and Failure to Deposit Arrears Justified Eviction.

The petitioner, a tenant, challenged the eviction decree passed under Section 15(3) of the Maharashtra Rent Control Act, 1999, as upheld by the first ...