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Bombay High Court Dismisses Second Appeal in Land Ownership Dispute — Plaintiff Fails to Prove Title by Adverse Possession Against State Forest Department. Continuous possession for over 50 years not sufficient to establish ownership without clear evidence of hostile possession and ouster of true owner.

The appellant, Tanaji Gulabgir Gosavi, filed a second appeal before the Bombay High Court challenging the concurrent judgments of the trial court and ...

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Bombay High Court Upholds Partition Decree, Rejects Exclusive Ownership Claim Based on Tenancy Order. Civil Court Has Jurisdiction to Determine Whether Section 32G Order Was Obtained for Joint Family or Individual Capacity.

The dispute arose from a partition suit filed by respondent no.1, Maruti Laxman Shelar, claiming a 1/5th share in ancestral joint family properties. T...

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High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right.

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by...

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High Court of Karnataka Dismisses Revision Petition in Family Court Suit — Order VII Rule 11(d) CPC Application Rejected. Plaint Not Barred by Limitation as Cause of Action is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The petitioner, Adamsaheb, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 15.07.2...

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Jurisdictional Limits on State Interference in Land Rights: State of West Bengal v. Jai Hind Pvt. Ltd., Civil Appeal No. 7407 of 2012

The case arose from a dispute involving land/tenancy rights and administrative interference by State authorities in West Bengal. The High Court had se...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Correctly Appreciated Evidence on Title and Possession.

The case is a second appeal arising from a suit for possession and mesne profits filed by the original plaintiff Bajirao Amrit Shinde (since deceased,...

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Madras High Court Dismisses Second Appeal in Eviction Suit by Temple Trust Against Tenant's Son. Tenant's Son Cannot Claim Tenancy Rights After Father's Death Without Attornment or Consent of Landlord.

The plaintiff, Sri Veeraraghavaswamy Devasthanam, a temple trust, owned a 25-cent vacant land in Ikkadu Village, Tiruvallur. The property was leased t...

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Bombay High Court Dismisses Petition Challenging Rejection of Notice of Motion for Contempt in Property Dispute. Consent order allowing repairs and maintenance did not prohibit fixing of tiles on terrace, and society's actions were not in breach of the order.

The petitioner, M/s. Chetan Associates, a partnership firm, filed a suit against the respondent, Abhilasha Co-op. Hsg. Soc. Ltd., seeking injunctive r...

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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...