Search Results for "Joint decree"

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Bombay High Court Dismisses Second Appeals by Purchaser and Co-Parcener in Joint Family Property Partition Suit. Sale of Joint Family Land by Father as Karta to Cooperative Society Found Not for Legal Necessity, Not Binding on Son's Share Under Hindu Law.

The litigation pertained to a suit for partition of joint Hindu family property. The plaintiff, Udhav Rasne, a coparcener, challenged the alienation o...

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Bombay High Court Dismisses Revision Against Eviction Decree for Non-User and Subletting of Tenanted Shop. Tenant's Use of Premises as Godown for Grocery Items Held to Be Change of User and Subletting to Brother Constitutes Unauthorized Transfer.

The case involves a civil revision application filed by the defendants (tenants) against a decree of eviction passed by the trial court and confirmed ...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction — Landlord's Bonafide Requirement for Wife's Business Upheld. Concurrent Findings of Fact Not Interfered With Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the tenant, Santosh Sampatrao Chhajed, against the concurrent judgments of the Small Causes Co...

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Bombay High Court Grants Probate of Will Executed on Same Day as Testatrix's Death, Upholding Its Validity Despite Challenge by Legal Heir. The court held that the execution of the Will was duly proved by attesting witnesses and the suspicious circumstances were dispelled.

The plaintiff, Pravin Laxmidas Tanna, filed a suit seeking probate of the last Will and Testament dated 15.01.2004 of Savita Hiralal Bhindora, who exp...

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Bombay High Court Allows Landlords' Revision in Eviction Suit Against Trespassers Claiming Tenancy Inheritance. Tenancy ceases on death of tenant; respondents not legal heirs under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a civil revision application filed by the landlords (petitioners) against the judgment and decree of the First Appellate Court in Ci...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings on Possession and Title. Court holds that plaintiff failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The appellant, Sri B.S. Lakshman, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decre...

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Bombay High Court Allows Landlord's Petition in Eviction Suit Based on Bonafide Requirement and Non-User of Premises by Tenant. Tenant's Appeal Reversed as Appellate Court Failed to Appreciate Evidence of Tenant's Acquisition of Suitable Alternative Accommodation.

The petitioner, Mohan Vishwanath Mulay, filed a writ petition against the judgment and order dated 29th March 1993 passed by the Additional District J...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Holding That Dismissal of Prior Suit as Premature Does Not Operate as Res Judicata. Finding on Will in Earlier Suit Not Binding When Suit Dismissed on Technical Ground.

The case involves a dispute over possession of a suit property. The plaintiff, Deepali Dinanath Pawaskar, claimed title through a Will dated 5th May 1...