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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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High Court of Karnataka Adjudicates Appeal in Ejectment Suit — Dispute Over Tenancy and Part Performance Under Section 53A Transfer of Property Act. Plaintiffs Claimed Tenancy Had Terminated; Defendants Asserted Possession Under Agreement to Sell and Assignment, Invoking Shield of Part Performance.

This appeal under Section 96 of the Code of Civil Procedure, 1908, arose from the dismissal of a suit for ejectment filed by five sisters against two ...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Decree for Unauthorised Subletting Under Maharashtra Rent Control Act. Subtenant failed to prove lawful subletting as tenant did not obtain landlady's written consent under Section 15 of Maharashtra Rent Control Act, 1999.

The case involves a writ petition filed under Article 227 of the Constitution of India by the original defendant no.2 (petitioner no.1) and defendant ...

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entry Based on Will in Land Revenue Case — Civil Court Decree Binding on Revenue Authorities. Mutation Entry Does Not Confer Title and Writ Jurisdiction Under Article 227 Cannot Be Used to Reappreciate Evidence.

The petitioners, Amrutrao Shankarrao Deshmukh and Dhananjay Amrutrao Deshmukh, filed a writ petition under Article 227 of the Constitution of India ch...

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Bombay High Court Allows Landlady's Eviction Petition on Ground of Bonafide Requirement for Grandson. Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 interpreted to include requirement of grandson as member of family.

The petitioner, Smt. Yamunabai Kalangauda Patil, a landlady, filed a writ petition under Article 227 of the Constitution of India challenging the judg...

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Bombay High Court Dismisses Petition Challenging Eviction of Tenant for Subletting and Unauthorised Assignment. Transfer of Property Act, 1882 Section 106 Notice Upheld as Valid.

The case involves a dispute over eviction of a tenant from premises in Mumbai. The original landlord, Mr. N.V. Baliga, owned a building at 257, Frere ...

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Bombay High Court Upholds Eviction Decree Against Tenant for Default in Rent Payment Under Bombay Rent Act. Tenant's Failure to Pay Rent Despite Valid Demand Notice and Non-Compliance with Section 12(3)(b) of the Bombay Rent Act Leads to Eviction.

The petitioner, a tenant, challenged the appellate court's order decreeing eviction on the ground of default in payment of rent under the Bombay Rent ...

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Bombay High Court Upholds Landlord's Eviction Decree in Rent Act Case — Subletting and Non-user Established. Section 13(1)(a) and (e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 applied to confirm eviction for subletting without consent and non-user for six months.

The present Writ Petition under Article 227 of the Constitution of India was filed by the petitioners, who were the original tenants, challenging the ...

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Bombay High Court Dismisses Tenant's Writ Petition in Eviction Case Based on Subletting Without Consent Under Bombay Rent Act. Subletting Established Through Exclusive Possession and Receipt of Rent by Tenant from Subtenant.

The case involves a landlord (original plaintiff) who filed a suit for eviction against the tenant, M/s. Hitex Embroidery Pvt. Ltd., under the Bombay ...