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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

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Bombay High Court Allows Revision and Restores Rejection of Plaint in Suit Based on Unregistered Agreement. Suit for Declaration of Ownership and Injunction Fails as Agreement Not Produced and Suit Time-Barred Under Article 58 of Limitation Act, 1963.

The case involves a Civil Revision Application filed by Ajmera Enterprises (the applicant) against an order of the appellate court which had set aside...

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Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

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Supreme Court Upholds Punjab Religious Premises Act as Valid Classification Under Article 14. Tenants of Religious Institutions Not Entitled to Rent Control Protection as Religious Property Requires Summary Eviction Procedure to Prevent Maladministration.

The case involves an appeal by tenants occupying shops in Gurudwara Singh Sabha, Mandi Gobindgarh, Punjab, challenging the constitutional validity of ...

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Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Concurrent Findings of Fact Not Disturbed. Landlord failed to prove bonafide requirement and unlawful subletting under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, owners of a property in Thane, filed a suit for eviction of the respondents from a gala (shop) on grounds of default in rent, unlawfu...

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Bombay High Court Dismisses Second Appeal of Licensee in Possession Suit — Licensee Paying License Fee Not a Tenant Under Rent Control Order. Permission of Rent Controller Not Required for Eviction of Licensee Under C.P. & Berar Letting of Houses and Rent Control Order, 1949.

The respondent, a public trust registered under the Bombay Public Trust Act, 1950, owned premises in Wardha for promotion of Khadi and Village Industr...

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Bombay High Court Dismisses Second Appeals in Rent Control Cases, Upholds Appellate Court's Finding of No Tenancy. Landlord's Suit for Possession Fails as Tenant Proves Payment of Rent and Absence of Valid Termination Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Radhyesham Ramkaran Choube, filed four second appeals (Second Appeal Nos. 4, 8, 11, and 16 of 2002) against a common judgment dated 10....