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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Bombay High Court Quashes FIR in Property Dispute Case Due to Civil Nature of Dispute. Allegations of Criminal Breach of Trust and Cheating Not Made Out as Dispute Pertained to Non-Payment of Rent Under Leave and License Agreement.

The applicants, Dr. Arun Kumar Barthakur and Basant Kumar Jain, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seekin...

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Bombay High Court Allows Revision in Suit for Possession Under Section 6 of Specific Relief Act — Plaintiff's Prior Possession Established Despite Temporary Absence. Possession Through Tenant is Sufficient for Summary Suit Under Section 6 of Specific Relief Act, 1963.

The dispute arises out of a suit under Section 6 of the Specific Relief Act, 1963, concerning Plot No. 8 in the layout of Uruvila Cooperative Housing ...

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Bombay High Court Partially Allows Challenges to Arbitral Award in Development Agreement Dispute. Court upholds award on termination and damages but modifies interest rate and clarifies that the builder is entitled to retain constructed area as per agreement.

The case involves two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award ...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Dismissal of Suit for Possession. Partition Deed of 1951 Held Not Proved, and Plaintiffs Failed to Establish Title and Possession Over Suit House.

The case involves a property dispute between two branches of the Lohi family. The plaintiffs, sons and daughter of late Sheshrao Lohi, filed a suit fo...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Invalid.

The case involves a second appeal filed by the defendants against the judgment and decree of the 9th District Judge, Nagpur, in Regular Civil Appeal N...

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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale, Holding Agreement Was a Loan Transaction with Collateral Security. Court Refuses to Enforce Agreement as Sale, Directs Return of Earnest Amount with Interest.

The plaintiffs filed a suit for specific performance of an agreement for sale dated 19th November 1987, or in the alternative, for damages of Rs.1,46,...

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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...