Search Results for "Continuous Occupation"

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High Court of Bombay at Goa Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Fact. The Court held that no substantial question of law arose under Section 100 CPC as the findings of the courts below were based on appreciation of evidence and not perverse.

The case involves a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the legal representatives of the original plaintiff...

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Bombay High Court at Goa Dismisses Petition Challenging Rejection of Forest Rights Claim Under Forest Rights Act — Petitioner Failed to Establish Primitive Tribal Group Status and Continuous Occupation Since 2005.

The petitioner, Dhananjay Tulshidas Prabhu, filed a writ petition before the Bombay High Court at Goa challenging the rejection of his claim for recog...

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Bombay High Court Allows Second Appeal in Suit for Possession Based on Licence — Limitation Issue Requires Trial. Courts below erred in dismissing suit on limitation without trial on that issue.

The case involves a second appeal arising from a suit for possession filed by the appellants (plaintiffs) against the respondent (defendant). The suit...

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Bombay High Court Allows Appeal Against Eviction Decree in Favour of Court Receiver — Tenancy Rights Not Extinguished by Consent Terms. The Court held that the Court Receiver could not evict the defendants as trespassers without due process, as the consent terms did not terminate their tenancy rights.

The appeal arises from a judgment and decree dated 22nd February 2010 passed by the Bombay City Civil Court in S.C.Suit No.1154 of 2000, decreeing the...

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Bombay High Court Dismisses Landlord's Writ Petition in Eviction Case — Concurrent Findings of No Unauthorized Closure Upheld. Landlord's claim for possession on ground of closure of garage for more than six months rejected as tenant proved reasonable cause.

The petitioners, original landlords, owned a house admeasuring 10 x 12 feet situated on the ground floor of House No. 346, Budhwar Peth, Pune-2, which...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Structures by Municipal Corporation. Petitioners Failed to Establish Legal Right or Authorization for Constructions on Public Land.

The judgment involves multiple writ petitions filed by various individuals and entities challenging the demolition of structures by the Municipal Corp...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Agricultural Land Not Enforceable as Plaintiff Did Not Demonstrate Financial Capacity and Conduct Showed Lack of Readiness.

The appellant, Jayantilal Devji Shah, filed a suit for specific performance of an agreement for sale of agricultural land against the respondents. The...