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Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Tenancy Validly Terminated Under Section 106 of Transfer of Property Act, 1882. Relationship of landlord and tenant established through lease agreement and rent receipts, and notice of termination held valid.

The case involves a second appeal arising from a suit for eviction and possession filed by the original plaintiff (since deceased, represented by lega...

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Bombay High Court Allows Second Appeal in Execution Objection Case — Third Party Objectors Entitled to Hearing Under Order 21 Rule 97 CPC. Court holds that objections by third parties claiming ownership of property in execution must be adjudicated on merits, not summarily rejected.

The case arises from execution proceedings in Regular Civil Suit No. 8 of 1995, where the trial court passed a decree on 27.08.1999 in favor of the pl...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Correctly Appreciated Evidence on Title and Possession.

The case is a second appeal arising from a suit for possession and mesne profits filed by the original plaintiff Bajirao Amrit Shinde (since deceased,...

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Bombay High Court Allows Restoration of Appeal Dismissed in Default Due to Advocate's Absence, Imposing Costs on Appellants. Mistake of Advocate Should Not Prejudice Party; Section 5 of Limitation Act Applied to Advance Substantial Justice.

The appellants, Devkisan Onkardas Bhutada and Gopal Devkisan Bhutada, had filed Regular Civil Appeal No. 80/08 against the judgment and decree in Regu...

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Bombay High Court Dismisses Second Appeals in Property Dispute — Concurrent Findings of Fact Upheld. No substantial question of law arose as the appellant failed to prove title and possession over suit land.

The appellant, Bajirao Ramchandra Shelar, filed two second appeals (Second Appeal No.494 of 1990 and Second Appeal No.495 of 1990) against the judgmen...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Failed to Prove Title and Possession.

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissi...