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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination Under Bombay Rent Act, 1947. Agreement for use of shop premises held to be a lease, not a licence, based on exclusive possession and intention of parties.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Bombay High Court Dismisses Landlord's Restoration Applications in Eviction Disputes Due to Failure to Show Sufficient Cause for Non-Appearance. Order IX Rule 9 CPC Requires Satisfactory Explanation for Absence, Which Was Not Provided.

The judgment pertains to a group of civil applications filed by Lekhraj M. Solanki and Jasoda Lekhraj Solanki, the original plaintiffs, seeking restor...

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Bombay High Court Dismisses Tenant's Petition in Rent Arrears Case — Service of Notice and Default in Payment of Rent Upheld. Concurrent findings of trial and appellate courts on tenant's failure to pay rent and valid service of demand notice under Section 12 of Bombay Rent Act, 1947 affirmed.

The case involves a dispute between the legal heirs of the original plaintiff-landlord (Mohamudkhan Kadar Khan Pathan) and the defendant-tenant (origi...

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Bombay High Court Dismisses HPCL's Revision Against Eviction Decree in Lease Renewal Dispute. HPCL's Claim of Statutory Right to Renew Lease Under Section 7(3) of Caltex Act Rejected as Lease Was Not Renewed Before Expiry of Original Term.

The case involves a dispute between Hindustan Petroleum Corporation Limited (HPCL), the revision applicant, and the legal heirs of Mansukhlal Doshi, t...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Tenancy Declaration Suit. Applicant fails to prove membership of deceased tenant's family or residence in suit premises under Section 7(15)(d) of Maharashtra Rent Control Act, 1999.

The case involves a Civil Revision Application filed by Pradeep Kumar Lalit Kumar Pandya challenging the concurrent judgments of the Small Causes Cour...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Landlord-Tenant Relationship Established Through Rent Receipts and Admission.

The petitioner, Smt. Kausalyabai Kisan Chavan, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and decre...

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Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...

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Bombay High Court Dismisses Petition Challenging Interim Compensation Order in Lease Dispute. Appellate court's order granting interim compensation under Section 43(1) of the Presidency Small Cause Courts Act, 1882 upheld as compensatory and not penal.

The petitioners, heirs of the original lessee Hashambhai Jetha, were granted a lease of a plot of land admeasuring 3341 sq. yards by an Indenture of L...

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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...