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High Court Sets Aside First Appellate Court Judgment for Non-Compliance with Order 41 Rule 31 CPC in Property Dispute. Failure to Formulate Points and Adjudicate All Issues Renders Judgment Unsustainable; Matter Remanded for Fresh Decision on Title and Adverse Possession.

This second appeal arose from a property dispute over a house on nazul land in Nagpur. The original plaintiff, Jankibai (later substituted by Puniyaba...

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Bombay High Court Dismisses Appeal in Trust Dispute — Interpretation of Indenture of Trust dated 29th March 1949. Court holds that the Appellant/Plaintiff failed to establish any right, title or interest in the trust property under the Deed of Trust.

The dispute pertains to an Indenture of Trust executed on 31st March 1949 between Parvatibai Chowhan (Settler) and Rai Bahadur Kunwar Motisingh Lalsin...

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Bombay High Court Confirms Eviction of Licensee in Landmark Tenancy Case. Interpretation of Section 15A of the Bombay Rent Act Clarified: Shared Licenses Do Not Confer Tenancy Rights.

The Bombay High Court dismissed the writ petition filed by Petitioners, legal heir of the original defendant, confirming the eviction order passed by ...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...