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High Court of Karnataka Quashes Land Tribunal Order in Tenancy Dispute — Failure to Consider Evidence and Provide Opportunity of Hearing. Land Tribunal's order set aside for violating principles of natural justice and ignoring material evidence under the Karnataka Land Reforms Act, 1961.

The petitioners, legal representatives of the original applicant Narasappa, filed a writ petition under Articles 226 and 227 of the Constitution of In...

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Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

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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 Upholds Wakf Tribunal Decree for Possession of Wakf Property — Succession as Mutawalli Valid Under Atiyat Act. Property Registered as Wakf in 1975 Government List and Revenue Records Confirms Wakf Character, Defendant's Adverse Possession Claim Fails.

The case involves a civil revision application filed by Tukaram Dashrath Hiwre (original defendant No.1) against the judgment and order of the Wakf Tr...

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Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Concurrent Findings of Fact Not Disturbed. Landlord failed to prove bonafide requirement and unlawful subletting under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, owners of a property in Thane, filed a suit for eviction of the respondents from a gala (shop) on grounds of default in rent, unlawfu...

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Bombay High Court Dismisses Second Appeal of Licensee in Possession Suit — Licensee Paying License Fee Not a Tenant Under Rent Control Order. Permission of Rent Controller Not Required for Eviction of Licensee Under C.P. & Berar Letting of Houses and Rent Control Order, 1949.

The respondent, a public trust registered under the Bombay Public Trust Act, 1950, owned premises in Wardha for promotion of Khadi and Village Industr...

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Bombay High Court Dismisses Tenants' Petition Challenging Inspection Order Under Section 28 of Maharashtra Rent Act. Landlord's Application for Measurement of Tenanted Premises Allowed to Ascertain Area for Reconstruction Undertaking Under Section 16(6)(d).

The petitioners, tenants of suit premises, challenged an order passed by the Judge, Small Causes Court, Bombay, allowing the respondent landlord's app...

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Bombay High Court Quashes Eviction Orders Against Tenant in Public Premises Act Case — Estate Officer Lacks Jurisdiction Over Genuine Tenancy Dispute. Lawful Tenant Cannot Be Evicted Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Dispute Must Be Adjudicated by Civil Court.

The petitioner, Nusli Neville Wadia, was a lawful monthly tenant of Flat No.B/27 at Mayfair Gardens, Malabar Hill, Mumbai, since 1 October 1972, payin...