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Bombay High Court Dismisses Licensee's Writ Petition Challenging Eviction Order Under Maharashtra Rent Control Act, 1999 — Petitioner Failed to Satisfy Requirement of Section 43(4)(a) for Leave to Defend. Licensee Cannot Claim Tenancy Rights After Expiry of Leave and License Agreement.

The petitioner, Amitabh Nigam, was a licensee of a flat owned by the respondents, Amit Sharma and Shiwani Sharma, under a registered leave and license...

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High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Share in Joint Family Property. Daughter's claim for partition and separate possession of 1/2 share in suit properties decreed, setting aside trial court's dismissal.

The Regular First Appeal was filed by the plaintiff, Smt. Mallawwa Laxman Yadahalli (since deceased, represented by her LR Smt. Parvati Gorawade), cha...

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Bombay High Court Dismisses Revision in Eviction Suit Between Sisters — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Ownership of Suit Property Vested in Plaintiff as Title Holder, and Defendants Failed to Prove Benami Transaction or License.

The case involves a dispute between two sisters over a residential property in Mumbai. The plaintiff, Vishala Bokapatna Laxman, filed a suit for evict...

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Bombay High Court Dismisses Revision Against Order Refusing to Strike Out Defence in Suit for Possession and Mesne Profits — Held That Denial of Title by Tenant Without Supporting Evidence Does Not Attract Striking Out of Defence Under Order 15A CPC.

The case arises from a civil revision application filed by the defendants (M/s. Keshavdas Hassanand and others) against an order of the Trial Court re...

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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...