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Bombay High Court Hears Writ Petition Under Article 227 Against Revisional Order Upholding Eviction Under Maharashtra Rent Control Act. Licensee Company Challenges Jurisdiction, Arguing Non-Applicability of Act Due to Paid-Up Capital Exceeding Rs. 1 Crore Under Section 3(1)(b).

Background: The matter involves a dispute between licensors (owners of a flat in Galaxy Apartments, Bandra) and a licensee company (petitioner no. 1) ...

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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Arrears of Rent, Damage, and Unauthorized Construction Under Bombay Rent Act, 1947. Doctrine of Relation Back Not Applicable as Amendment Was Not Allowed to Relate Back to Original Filing Date.

The case involves a civil revision application filed by tenants (Anil Joginder Sachdev and Rajeev Joginder Sachdev) against a decree of eviction passe...

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Bombay High Court Dismisses Petitions Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Suit for Possession and Mesne Profits Dismissed as Barred by Limitation and Res Judicata

The petitioners (original plaintiffs) filed a suit for possession and mesne profits against the respondents (original defendants) in respect of agricu...

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High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Dismisses Petition Challenging Revenue Tribunal's Order in Tenancy Act Land Transfer Dispute. Petitioner failed to prove that respondent No.4 was not an agriculturist under Section 63 of the Maharashtra Tenancy and Agricultural Lands Act, 1948.

The petitioner, Nilesh Ravindra Varode, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad ...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...