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Gujarat High Court Dismisses Tenant's Appeal in Eviction Suit — Tenant Fails to Prove Rent Payment and Landlord's Bonafide Need Established. Decree for Possession and Arrears of Rent Upheld Under Section 96 CPC.

The present First Appeal under Section 96 of the Code of Civil Procedure, 1908, arises from a judgment and decree dated 31.12.2024 passed by the learn...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Allows Tenant's Writ Petition in Eviction Case Based on Denial of Title — Rent Controller's Order Restored. Landlady's eviction application dismissed as denial of title was not bona fide and tenant continued to pay rent.

The dispute pertains to a residential house in Panaji, Goa, leased by Antonio Neri Francisco Fernandes to Chintamona Boirov Moralkar in 1952. After Ch...

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Bombay High Court Issues Guidelines for Demolition of Dilapidated Buildings Under Section 354 of Mumbai Municipal Corporation Act, 1888. The court directed the Municipal Corporation to follow a structured procedure including structural audit and hearing before demolition.

The Municipal Corporation of Greater Mumbai filed a Writ Petition under Article 226 of the Constitution of India seeking guidelines for effective impl...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Development Agreement Dispute. Court upholds award of damages for delay in handing over possession and interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, BASF India Ltd., entered into an agreement dated 5.3.2002 with the respondent, Landcom Properties Pvt. Ltd., under which the responden...

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Bombay High Court Dismisses Petition in Eviction Suit — Licensee Cannot Claim Tenancy Rights. Relationship of licensor and licensee established; no tenancy created despite payment of monthly compensation.

The case involves a suit for eviction instituted in 1983 by the respondent (original plaintiff) against the original defendant (now deceased, represen...

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Bombay High Court Dismisses Revision Against Sub-Tenant in Eviction Case Under Section 13-A2 of Bombay Rent Act. Landlord Failed to Establish Landlord-Tenant Relationship with Sub-Tenant in Possession.

The petitioner, Jagannath Baburao Swamy, filed a Civil Revision Application challenging the order dated 12/9/1997 passed by the Competent Authority un...

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Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...