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Bombay High Court Upholds Partition Decree, Rejects Exclusive Ownership Claim Based on Tenancy Order. Civil Court Has Jurisdiction to Determine Whether Section 32G Order Was Obtained for Joint Family or Individual Capacity.

The dispute arose from a partition suit filed by respondent no.1, Maruti Laxman Shelar, claiming a 1/5th share in ancestral joint family properties. T...

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Supreme Court Dismisses Appeal Against Impounding of Agreement to Sell for Stamp Duty Under Bombay Stamp Act. Agreement to Sell Deemed Conveyance Under Explanation I to Article 25 of Schedule I of Bombay Stamp Act, 1958 Even When Possession Agreed to Be Transferred After Sale Deed Execution.

The appellant, Ramesh Mishrimal Jain, filed a suit for specific performance of an agreement to sell dated 03.09.2003 in respect of a property in Khed,...

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Bombay High Court Allows Tenant's Petition in Tenancy Dispute Over Delayed Payment of Purchase Price. Belated payment with interest and penalty before landlord's application does not render sale ineffective under Bombay Tenancy and Agricultural Lands Act, 1948.

The petitioners, Baburao Pandurang Madane and Vithal Pandurang Madane, were tenants of agricultural land survey No. 39/1 at village Kusmod, Taluka Mal...

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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 Petitioner's Writ Petition Challenging Tenancy Rejection Under Bombay Tenancy and Agricultural Lands Act, 1948. Deemed Tenancy Under Section 4 Not Available When Tenancy Claim Fails on Merits and Possession is Not Lawful.

The petitioner, Sahebrao Ramchandra Hande, filed a writ petition under Articles 226 and 227 challenging the order of the Maharashtra Revenue Tribunal ...

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Bombay High Court Division Bench Upholds Maintainability of Letters Patent Appeal in Tenancy Dispute Against Order of Single Judge. The Court Applies Full Bench Test to Determine that Facts Justify Invocation of Article 226, Making Appeal Maintainable Under Clause 15 of Letters Patent.

The appeal arose from a writ petition filed by the appellants (legal representatives of original tenants) challenging the Maharashtra Revenue Tribunal...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...