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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...

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Bombay High Court Allows Revision in Rent Control Eviction Suit — Notice Not Validly Served Under Section 15(2) of Maharashtra Rent Control Act, 1999. Appellate Bench's decree set aside for failure to consider jurisdictional issue of service of demand notice.

The case arises from a civil revision application filed by the defendant-tenant, Ms. Gloria Lois Crasto, challenging the judgment and decree dated 2 M...

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Bombay High Court Allows Letters Patent Appeal Against Single Judge's Dismissal of Writ Petition Challenging Eviction Order on Ground of No Service. Failure of Natural Justice and Invalid Service Under Section 32(4) of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.

The case involves a Letters Patent Appeal filed by the appellant, a tenant, against the judgment and order dated 13.08.2010 of a learned Single Judge ...

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Bombay High Court Allows Landlord's Petition in Landlord-Tenant Dispute — Substituted Service Upheld Under Order 5 Rule 20 CPC. Exparte Decree Restored as Tenant Failed to Show Sufficient Cause for Non-Appearance.

The case involves a landlord-tenant dispute over a room in Mumbai. The original petitioner (landlord) filed a suit for possession against the original...

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Bombay High Court Dismisses Tenant's Petition in Eviction Case for Subletting and Landlord's Bonafide Requirement. Subletting of part of premises and landlord's reasonable need for property upheld by appellate court.

The respondent, Sidaramappa Kashinath Lingshetti, is the owner and landlord of a house property bearing municipal no. 351/1/2B, city survey no. 3384/4...

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Bombay High Court Allows Landlords' Petition Under Article 227 in Eviction Case Under Bombay Rent Act. Appellate Court's Reversal Set Aside as Perverse for Ignoring Evidence of Subletting and Non-User.

The petitioners, landlords of a premises in Pandharpur, filed a suit for eviction against the respondent-tenant under the Bombay Rents, Hotel and Lodg...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...