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Bombay High Court Quashes Appellate Order Dismissing Landlord's Possession Suit on Ground of Greater Hardship. Court Holds That Comparative Hardship Under Bombay Rent Act Cannot Be Determined Solely by Financial Affluence and Restores Trial Court Decree Based on Proven Bonafide Need.

This writ petition under Article 227 of the Constitution challenged the appellate court's order that had reversed a decree for possession granted to t...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Eviction Suit — Amendment Sought at Fag End of Trial Held Not Permissible as It Would Change Nature of Defence and Cause Prejudice.

The dispute pertains to a suit for eviction filed by the original Plaintiff, Joanita Braganza, against the original Defendant, Stanislaus J.T. D'Souza...

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Bombay High Court Considers Writ Petition Against Order Rejecting Decree on Admission in Partition Suit Among Siblings. Trial Court's Rejection of Order XII Rule 6 CPC Application Based on Conditional Admission Under Scrutiny.

The petitioners, the original plaintiffs, and the respondent, the original defendant, are siblings who jointly inherited suit property from their pare...

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Bombay High Court Dismisses Revision Against Eviction Decree in Leave and License Dispute — Licensee Bank Held Not Entitled to Protection Under Maharashtra Rent Control Act After License Expiry.

The applicants (original plaintiffs) were owners of a building at Turner Road, Bandra, Mumbai. They executed a leave and license agreement with the re...

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Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute Over Eviction and Mesne Profits — Concurrent Findings of Subletting and Unauthorized Construction Upheld Under Section 100 CPC.

The case involves a second appeal filed by the original defendants (tenants) against the concurrent decrees of eviction and mesne profits passed by th...

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Bombay High Court heard challenge to deemed conveyance order under MOFA; developer alleged res judicata due to consent decree. Developer contended that Competent Authority lacked jurisdiction under Section 11(3) when consent decree already provided for conveyance.

The writ petition was filed by developers challenging an order of deemed conveyance passed by the Competent Authority under Section 11(3) of the Mahar...