Search Results for "Joint Tenancy"

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...

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Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Tenancy Validly Terminated Under Section 106 of Transfer of Property Act, 1882. Relationship of landlord and tenant established through lease agreement and rent receipts, and notice of termination held valid.

The case involves a second appeal arising from a suit for eviction and possession filed by the original plaintiff (since deceased, represented by lega...

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High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

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Bombay High Court Dismisses Appeal of Plaintiffs in Tenancy Dispute — Plaintiffs Fail to Prove Tenancy Rights. Court holds that mere possession or payment of rent does not establish tenancy without proof of lawful transfer or succession under the Maharashtra Rent Control Act, 1999.

The case involves a dispute over a room (suit premises) allotted in lieu of an earlier tenanted room in a chawl at Mahim, Mumbai. The plaintiffs, Sulo...

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Bombay High Court Declares Defendant Trespasser and Orders Possession and Mesne Profits in Partnership Dissolution Dispute. Executor of Deceased Partner Succeeds in Establishing Right to Suit Premises.

The suit was filed by the original plaintiff Lakchand Dhanji Shah, executor under the will of Narshi Hansraj Khona (deceased), against the defendant N...

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Supreme Court Dismisses Appeal on Will Interpretation: Joint Tenancy Rejected, Per Stirpes Succession Affirmed. Will Construed to Give Foster Children Life Estate as Tenants in Common; Descendants Take Per Stirpes Under Hindu Law.

The dispute arose from the will of a childless Hindu lady who had brought up a boy, B, and a girl, K, as her foster children. By her will, after her d...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Limitation. The court held that the suit for partition was not barred by limitation and that the property was joint family property, not self-acquired.

The case involves a second appeal filed by the defendants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civil A...