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Supreme Court Allows Landlord's Appeal in Eviction Case — Concurrent Findings of Lower Courts Restored. Relationship of Landlord and Tenant Established Through Circumstantial Evidence and Tenant's Failure to Prove Adverse Possession.

The dispute pertains to two shop rooms in Berhampur, Orissa, originally owned by Smt. Ashalata Devi. The plaintiff claimed to be her adopted son and i...

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WRIT PETITION NO. 151 OF 2019

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Bombay High Court Allows Appeal Against Interim Injunction in Suit for Cancellation of Sale Deeds. Consent order in previous suit does not create estoppel against defendants in subsequent suit for different reliefs.

The respondents-plaintiffs filed Special Civil Suit No. 102/2020 seeking cancellation of registered sale deeds, perpetual injunction, and alternativel...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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Bombay High Court Allows Second Appeal in Land Acquisition Compensation Case — Appellants Entitled to Enhanced Compensation for Acquired Land. Court holds that the appellate court failed to properly re-appreciate evidence and apply the principles of Santosh Hazari, leading to perverse findings.

The case pertains to a second appeal filed by the original claimants (appellants) against the judgment of the appellate court which reduced the compen...

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Bombay High Court Dismisses Suit for Specific Performance of Property Sale Agreement Due to Plaintiffs' Default and Unauthorized Payments. Plaintiffs Failed to Pay Balance Consideration Within Stipulated 10-Month Period and Dealt with Sole Director Contrary to Board Resolution Requiring Joint Action.

The suit was filed by the plaintiffs, Pankaj Anantrai Bhuwa & others, against the defendant, M/s. Ramkumar Shivchandray & Sons, seeking specific perfo...