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Bombay High Court Dismisses Tenant's Petition in Tenancy Dispute — Confirms Revenue Tribunal's Order Upholding Landlord's Possession. Tenant Failed to Prove Tenancy Rights Over Disputed Land Under Bombay Tenancy and Agricultural Lands Act, 1948.

The petitioner, Ramesh Balkrishna Vidwans, filed a writ petition challenging the judgment and order of the Maharashtra Revenue Tribunal, Pune, which c...

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High Court of Karnataka Considers Rejection of Plaint in Suit for Specific Performance of Granted Land Subject to Non-Alienation Condition. Court Examines Whether Agreement to Sell Executed During Non-Alienation Period is Void Under Karnataka SC/ST Act, 1978.

The civil revision petition arose from an order of the trial court rejecting the petitioners' application to reject the plaint in a suit for specific ...

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Bombay High Court Dismisses Letters Patent Appeal by Purchaser of Tenanted Agricultural Land Against Order Setting Aside Mutation Entry. Mutation Entries Do Not Confer Title and Purchaser Cannot Claim Rights Without Adjudication Under Maharashtra Tenancy and Agricultural Lands Act, 1948.

The appellant, M/s. S. Kumar Developers and Builders, purchased agricultural land that was tenanted. The appellant obtained mutation entries in the re...

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Bombay High Court Upholds Ejectment Decree Against Licensee in Maharashtra Rent Control Act Case. Licensee Cannot Claim Protection When Original Tenant Is a Government Company Exempted Under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999.

The dispute arose from a suit for ejectment filed by the respondent landlords (original plaintiffs) against the applicant licensee and the original te...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

The case involves a partition suit filed by the respondents (plaintiffs) seeking partition and separate possession of joint family properties. The app...

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Bombay High Court Dismisses Developer's Petition Challenging City Civil Court Jurisdiction in Tenant Eviction Suit. Agreement for Sale and Power of Attorney Do Not Create Landlord-Tenant Relationship Under Bombay Rent Act, 1947, Section 28.

The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Su...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Bombay High Court Dismisses Second Appeal Upholding Suit for Possession After Symbolical Delivery in Execution; Plea of Non-Maintainability and Limitation Cannot Be Raised First Time in Second Appeal. Cross-Objection Held Maintainable After Admission of Appeal.

The litigation originated from a suit for possession, declaration, and damages regarding agricultural lands bearing Survey Nos. 1/2 and 54/3. The land...

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Bombay High Court Allows Tenant's Petition Challenging Land Transfer Without Previous Sanction Under Section 43 of Bombay Tenancy Act. Post-transfer sanction cannot regularize invalid transfer; MRT order set aside.

The petitioner, Smt. Saraswati Shamrao Dhere, was a tenant of half portion of agricultural land in Shiroli, Kolhapur. Respondent Nos. 2 and 3 were ten...

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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...