Search Results for "trespasser"

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Bombay High Court Dismisses Revision Against Concurrent Findings on Limitation in Eviction Suit. Court holds that a suit for possession filed within 12 years of the date when possession becomes adverse is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a civil revision application filed by M/s. SGM Properties & Investments Pvt. Ltd. (the applicant/landlord) against Basantkumar Bilas...

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Supreme Court Allows Reversioners' Suit for Possession Against Tenant of Life Tenant. Life Tenant's Lease Does Not Survive Her Death; Tenant Becomes Trespasser.

The appeal arises from a judgment of the High Court of Punjab and Haryana in a second appeal, which reversed the trial court's decree for possession i...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Property Dispute. Res Judicata and Limitation Grounds Not Applicable as Earlier Co-operative Court Judgment Was Set Aside and Subsequent Civil Suit Involves Different Cause of Action.

The petitioner, Ganesh Keshav Patole, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 March 2016 pa...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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Bombay High Court Allows Second Appeal in Licensor-Licensee Dispute — Civil Court Lacks Jurisdiction Under Section 26(2) of Provincial Small Causes Courts Act, 1887. The suit for possession based on temporary license is exclusively triable by Small Causes Court, not Civil Court.

The appellant (original defendant) challenged the concurrent findings of the trial court and first appellate court in a suit for possession filed by t...

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Bombay High Court Dismisses Civil Revision Application in Trust Property Dispute — Upholds Trial Court's Refusal to Reopen Evidence. Applicant failed to demonstrate sufficient cause for recall of witness under Order 18 Rule 17 CPC, as the application was filed after a long delay and lacked bona fides.

The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Chari...

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Bombay High Court Grants Temporary Injunction for Restoration of Possession in Suit for Specific Performance and Possession — Plaintiff Establishes Prima Facie Case and Balance of Convenience in His Favor.

The plaintiff filed an interim application seeking temporary injunction for restoration of possession of the suit premises during the pendency of the ...