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Bombay High Court Allows Second Appeal in Specific Performance Suit — Restores Trial Court Decree for Specific Performance of Agreement to Sell. Delivery of Possession Under Agreement Constitutes Part Performance, Entitling Purchaser to Specific Performance Under Specific Relief Act, 1963.

The case involves two second appeals arising from cross-suits between Dadasaheb Dhondiba Jagtap (appellant) and Anant Shivram Poman (respondent) conce...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Lower Appellate Court's Erroneous Reversal of Trial Court's Decree. The Court Held That the First Appellate Court Must Reappreciate Evidence Independently and That a Co-Owner Cannot Claim Adverse Possession Without Ouster.

The present second appeal arises from a partition suit filed by the original plaintiff (since deceased, represented by legal heirs) against the appell...

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Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

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Supreme Court Upholds Lessors' Right to Building Constructed by Lessee Under Land Lease. Covenant to Deliver Building at Lease End Held Not Protected by Bombay Rent Act as Demise Was Only of Land.

In a dispute arising from a 21-year lease of land, the lessors granted a parcel of land to the lessees at a monthly rent of Rs. 50, with the lessees u...