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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...

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Bombay High Court Dismisses Petition Challenging Eviction Decree in License Dispute — Constituted Attorney's Lack of Personal Knowledge Does Not Invalidate Suit When Plaintiff's Ownership is Undisputed and Defendant Fails to Prove Tenancy.

The dispute pertains to Room No.2 (2-A) admeasuring 290 sq.ft on CTS No. 185 situated at 1st Floor, Kumud Villa, 321, Vithalbhai Patel Road, Paper Mil...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Suit — Landlord's Bona Fide Requirement for Son's Pharmacy Business Upheld. Reasonable and bona fide need under Section 16(1)(g) of Maharashtra Rent Control Act, 1999 established despite tenant's claim of alternate shop.

The petitioner, Sanjay Vijaykumar Darakh, was the tenant of a shop admeasuring 20 feet x 10 feet in Aurangabad, which he had been using as a medical a...

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Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

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Bombay High Court Dismisses Union of India's Petition Challenging Maintainability of Civil Suit for Declaration of Ownership. Trial Court's Decision on Preliminary Issue Upheld as It Involves Mixed Questions of Law and Fact Not Amenable to Summary Adjudication.

The Union of India, through the Deputy Salt Commissioner, filed a writ petition under Article 227 of the Constitution of India challenging an order da...

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Bombay High Court Allows Appeal by Public Trust in Property Dispute — Civil Court Jurisdiction Not Barred Under Sections 79 and 80 of Bombay Public Trust Act. Suit for Declaration of Ownership and Recovery of Possession by Trust Against Third Parties is Maintainable Under Section 50 of the Act.

The present appeal arises from a suit filed by Seth Kasturmal Dalsukh Dharmashala, a public trust registered under the Bombay Public Trust Act, 1950 (...

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Bombay High Court Allows Tenant's Petition in Land Revenue Dispute — MRT Order Set Aside for Violation of Natural Justice. Protected Tenant's Status Not Disputed; Tribunal Failed to Consider Evidence and Passed Order Without Proper Application of Mind.

The petitioner, Gangyya, a tenant, filed a writ petition under Article 227 of the Constitution of India challenging the order of the Maharashtra Reven...

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Bombay High Court Dismisses Developer's Petition Challenging City Civil Court Jurisdiction in Tenant Eviction Suit. Agreement for Sale and Power of Attorney Do Not Create Landlord-Tenant Relationship Under Bombay Rent Act, 1947, Section 28.

The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Su...