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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Finding That Hindu Joint Family Was Not in Existence. Kabuliyat Executed in 1955 and Subsequent Conduct of Parties Established Separation, Barring Claim for Share in Suit Property.

The dispute pertains to a suit for partition and separate possession of a house property situated in Wardha. The plaintiffs claimed that the suit prop...

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Bombay High Court Allows Appeal in Land Acquisition Case, Remands for Fresh Compensation Determination. Mere Survey Entries Do Not Establish Tenancy Under Goa Agricultural Tenancy Act, 1976.

The appellant, Shri Ratnakar Rama Parab, owned land admeasuring 1192 sq. mtrs. in Orgao, Ponda, Goa, which was acquired by the State for the public pu...

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High Court of Bombay Nagpur Bench Hears Second Appeal on Tenancy Dispute Involving Partnership Firm. Whether Agreement with Individual Partner Creates Tenancy with Unregistered Firm Determined.

The case arose from a suit for possession of a shop, originally filed by the appellant (landlord) against the respondents, claiming that the suit shop...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a suit for declaration of ownership and injunct...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Tenancy Declarations and Sale of Agricultural Properties Due to Delay and Laches. Challenge to orders from 1988-1996 under Goa Tenancy Act fails as petition filed in 2013 is grossly delayed without explanation.

The petitioner, Rashid Salvador Sousa, filed a writ petition in April 2013 under Articles 226 and 227 of the Constitution before the High Court of Bom...

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Bombay High Court Allows Landlord's Eviction Petition for Bonafide Need Under Maharashtra Rent Control Act. Appellate Court's Order Set Aside as It Erroneously Mixed Bonafide Need with Demolition Requirement.

The petitioner, Rajendrakumar Sharandas Sharma, a retired Sub Divisional Officer, filed a suit for eviction against the respondent tenant, Shrikrushna...

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Bombay High Court Dismisses Revision Against Eviction Decree Under Section 13A(1) of Bombay Rent Act for Bona Fide Requirement of Landlord's Son. Concurrent Findings of Fact Not Interferable Under Section 115 CPC as No Jurisdictional Error Found.

The case involves a Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging the eviction decree pass...