Search Results for "settled exclusive possession"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "settled exclusive possession"

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High Court

Bombay High Court Allows Civil Revision Application in Property Dispute Over Succession Certificate — Held That Succession Certificate Is Not Necessary for Claiming Title by Adverse Possession or Will. The court clarified that a succession certificate under the Indian Succession Act, 1925 is not a prerequisite for filing a suit for declaration of title based on a Will or adverse possession, and that the Civil Court has jurisdiction to decide such matters.

14 Nov 2025

The case involves two cross civil revision applications arising from a property dispute between Maharukh Mediomah Patel (applicant in CRA/64/2021) and...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decrees on Grounds of Unauthorized Subletting, Bonafide Requirement, and Default in Rent Payment. Concurrent findings of fact by lower courts on unauthorized subletting, bonafide requirement, and default under the Maharashtra Rent Control Act, 1999 were upheld as no jurisdictional error was found.

11 Oct 2024

The dispute pertains to eviction proceedings initiated by the landlord-respondent against the tenant-petitioners in respect of a shop premises in Kolh...

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Subletting Case — Tenancy Terminated Under Section 16(1)(e) of Maharashtra Rent Control Act, 1999. The court upheld the Appellate Bench's finding that the tenant had sublet the premises to persons who were not family members, and that the earlier judgment regarding adoption did not create res judicata.

5 Jul 2024

The case involves a Civil Revision Application filed by the defendants (applicants) challenging the judgment and order dated 1 November 2023 passed by...

Supreme Court

Supreme Court Allows Appeals of Flat Buyers Against Developer for Delayed Possession, Holds Unilateral Compensation Clause Unfair. Developer's stipulation of Rs 5 per sq ft per month as liquidated damages for delay held inadequate and unconscionable; flat buyers entitled to compensation at 6% per annum on amounts paid.

24 Aug 2020

The case involves appeals by 171 flat buyers against the dismissal of their consumer complaint by the National Consumer Disputes Redressal Commission ...

High Court

Bombay High Court Allows Second Appeal in Possession Suit Based on Settled Exclusive Possession — Title Not Required for Injunction. A suit for perpetual injunction to protect possession of immovable property cannot be dismissed solely on the ground that the plaintiff failed to prove title, if settled exclusive possession is established.

7 Nov 2019

The case involves a second appeal before the Bombay High Court challenging an appellate order of the District Court at Nashik. The original plaintiff,...

High Court

Bombay High Court Upholds Injunction in Favor of Tenant in Land Dispute with Agricultural Corporation. The court restored the trial court's interim injunction protecting the petitioner's possession based on prima facie tenancy rights and balance of convenience.

22 Dec 2017

The petitioner, Baliram Dagadu Mundfane, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Joint Family Property Suit — Plaint Discloses Cause of Action for Partition and Separate Possession.

27 Jul 2017

The applicant, Laxminarayan Parmeshwarlal Jaiswal, original defendant No.1, filed a Civil Revision Application under Section 115 CPC challenging the o...

High Court

Bombay High Court Upholds Eviction Decree in Suit Under Section 6 of Specific Relief Act — Plaintiff Proved Prior Possession and Dispossession Without Due Process of Law. The Court held that a suit for possession based on prior possession under Section 6 of the Specific Relief Act, 1963 is maintainable even against the true owner if the plaintiff was in settled possession and was dispossessed otherwise than in due course of law.

26 Nov 2015

The case involves a Civil Revision Application filed by the original defendants (Smita Prakash Chikhale and Sunita Dharnidhar Chikhale) against the ju...

High Court

Bombay High Court Dismisses Suit for Possession Under Section 6 of Specific Relief Act, 1963 — Plaintiffs Failed to Prove Prior Possession and Dispossession Within Six Months. Court Held That Summary Suit Under Section 6 Cannot Be Used to Decide Title and Requires Strict Proof of Possession and Unlawful Dispossession.

4 May 2012

The plaintiffs, including Amod Nandkishore Mehra and others, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of pos...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Courts Below on Title and Possession. The court held that the appellant failed to prove title and possession over the suit property, and the findings of fact by the lower appellate court were not perverse or based on no evidence.

30 Nov -0001

The case involves a property dispute where the appellant, Xec Mohidin (since deceased, represented by his heirs), filed a second appeal against the ju...

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