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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

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High Court Directs State to Establish Real Estate Regulatory Authority and Appellate Tribunal Under RERA, 2016 — Mandamus Issued for Compliance with Section 20(1).

The petitioner, M/s. Panchmal Properties, a proprietorship concern represented by its proprietrix Ms. Preeti Shenoy, filed a writ petition under Artic...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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Bombay High Court Allows Amendment in Administration Suit to Implead Strangers and Challenge Alienations. Court Holds that Administration Suit Can Determine Validity of Deceased's Alienations and Implead Strangers if Circumstances Warrant.

The plaintiff filed a suit for administration of the estate of his deceased parents, who passed away on 18 March 2002 and 28 December 2004 respectivel...

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High Court of Bombay Considers Second Appeals in RERA Delayed Possession Matter. Builder Challenges Appellate Tribunal's Direction to Pay Interest at 10.05% p.a. from February 2014.

These Second Appeals were filed before the High Court of Judicature at Bombay by Runwal Constructions, a registered partnership firm, challenging the ...

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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...

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Bombay High Court Dismisses Challenge to Eviction Order Under Public Premises Act — Unauthorised Construction on Railway Land. Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 applies to pre-existing structures as it is procedural and not retrospective in operation.

The petitioner, C. Muthuswami, filed a writ petition challenging an eviction order dated 25.7.2003 passed by the Estate Officer under the Public Premi...