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Bombay High Court Allows Petition in Tenancy Declaration Case — Appellate Court's Reversal Set Aside. The High Court held that the Appellate Court erred in reversing the Trial Court's findings without proper appreciation of evidence under the Maharashtra Rent Control Act, 1999.

The case involves a dispute over a room measuring 8x8 sq.ft. in Madhusadan Bungalow, Lonavala. The Respondent (original plaintiff) filed a suit in Dec...

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High Court Dismisses Letters Patent Appeal in Flat Ownership Dispute Between Appellants and State of Maharashtra, Upholds Single Judge's Order Directing Pursuit of Rights in Competent Forum

The Letters Patent Appeal was filed against the Single Judge's order, which disposed of the petition on grounds that the challenged order did not prej...

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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

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Bombay High Court Allows Appeal in Contract Dispute Over Advance Payment Recovery — Defendants Liable to Refund Balance Advance After Failure to Deliver Goods. The court upheld the trial court's decree for refund of advance payments with interest, finding breach of contract by the defendants.

The plaintiff, M/s. Sync Overseas Marketing Pvt. Ltd., placed an order with the defendants, M/s. Girivijay Enterprises & ors., on 14th October 1995 fo...

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Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...