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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 Upholds Eviction Order Under Public Premises Act but Reduces Damages — LIC vs NIC Dispute Over Flat Occupancy. The court held that the Appellate Authority's reduction of damages and stay on execution pending High Power Committee decision was justified, but eviction order was valid.

The dispute involves two public sector undertakings: Life Insurance Corporation of India (LIC), the owner of a flat, and National Insurance Company Lt...

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Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

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Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC.

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge,...

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Bombay High Court Dismisses Landlord's Petition in Rent Control Suit — No Subletting or Structural Alteration Proved. Landlord failed to establish that tenant sublet premises or made structural changes without consent under Bombay Rents Hotel and Lodging House Rates Control Act, 1947.

The petitioner, original plaintiff, along with respondent Nos. 3 and 4, filed a suit (R.C.S. No. 385/1977) against respondent Nos. 1 and 2 in the Cour...

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High Court of Bombay at Goa Allows Appeals in Land Acquisition Compensation Dispute — Communidade of Colvale v. Benjamin Pereira & Anr. Tenancy Rights Not Established by Mere Revenue Entries or Rent Receipts; Deemed Purchase Under Goa Agricultural Tenancy Act Requires Proof of Actual Cultivation.

The appellant, Communidade of Colvale, owned survey no. 220/1. Two notifications under Section 4(1) of the Land Acquisition Act, 1894, acquired 1,09,0...