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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Full Bench Rules on Scope of Trial Court's Authority Under Section 9-A CPC. Trial Courts Cannot Partially Dispose of Suits in Preliminary Issues on Jurisdiction.

The Full Bench addressed whether a Trial Court, under Section 9-A of the Code of Civil Procedure, 1908 (CPC), can frame an issue that disposes of a su...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Case — Irregular Deposit of Rent Under Section 15(3) of Maharashtra Rent Control Act, 1999 Does Not Bar Eviction. Tenant's failure to deposit rent regularly despite court order justified decree for possession.

The case involves a dispute between the landlord (respondent) and the tenant (applicant) over eviction from a flat in Mumbai. The landlord filed a sui...

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Supreme Court Allows Tenant's Appeal in Rent Control Jurisdiction Case — Decree Passed After Act's Applicability Is Void. Civil Court Loses Jurisdiction Once Rajasthan Rent Control Act, 2001 Applies to Area; Decree Passed Thereafter Is Void Ab Initio.

The Supreme Court allowed the appeals filed by the tenant-appellants against the judgment of the Rajasthan High Court which had dismissed their revisi...

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Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...