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Bombay High Court Allows Second Appeal in Eviction Suit — Tenant's Subletting Without Consent Justifies Decree for Possession. Lease Deed Clause Prohibiting Subletting and Assignment Without Landlord's Written Consent Enforced; Tenant's Alleged Partnership with Landlord's Son Not Proven.

The case involves a second appeal filed by the defendants/appellants against a judgment and decree dated 21.3.2000 passed by the Additional District J...

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Bombay High Court Allows Second Appeal in Suit for Possession Based on Licence — Limitation Issue Requires Trial. Courts below erred in dismissing suit on limitation without trial on that issue.

The case involves a second appeal arising from a suit for possession filed by the appellants (plaintiffs) against the respondent (defendant). The suit...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Madras High Court Admitted Second Appeal Against First Appellate Decree Rejecting Plaintiffs' Ancestral Title Based on Revenue Records. Substantial Questions Involved Presumption of Official Acts Under Section 114 Evidence Act and Need for Proving Admitted Genealogy.

This second appeal arises from a suit for declaration and recovery of possession of property claimed by the appellants (plaintiffs). The plaintiffs co...

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Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

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High Court of Karnataka Kalaburagi Bench Considers Second Appeal in Suit for Permanent Injunction, Frames Substantial Questions of Law Regarding Pleadings and Title Dispute

This Regular Second Appeal arose out of an original suit for permanent injunction in a property dispute. The plaintiff claimed ownership and possessio...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

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High Court of Karnataka Dismisses Appeals in Property Declaration Suits — Concurrent Findings of Fact Not Interfered With. Appellants failed to prove title and possession; no substantial question of law arose under Section 100 CPC.

The judgment pertains to two Regular First Appeals (R.F.A.No.784/2013 and R.F.A.No.785/2013) filed under Section 96 read with Order 41 Rule 1 of the C...