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Bombay High Court Dismisses Second Appeal in Land Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Concurrently Held That Plaintiffs Failed to Prove Title and Possession Over Suit Land.

The appellants, original plaintiffs, filed a suit for declaration of title and possession over agricultural land. The trial court dismissed the suit, ...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and tenancy rights in suit flat rejected as she failed to prove independent title or landlord's consent.

The case involves two appeals arising from property disputes over Flat No. 9, Matru Chhaya Building, Marine Drive, Mumbai. The appellant, Ms. Smita P....

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and right to reside in suit flat rejected as she failed to prove independent title or adverse possession against parents.

The case involves two appeals arising from property disputes between a daughter, Ms. Smita P. Doshi, and her parents, Mr. Pravinchandra H. Doshi and M...

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Supreme Court Allows Appeals in Evacuee Property Tenancy Dispute — Tenancy Claim Invalid Without Custodian's Approval. Amending Act 19 of 1989 applies only to tenancies created by Custodian, not to claims based on deemed tenancy under Section 4 of Goa, Daman and Diu Agricultural Tenancy Act, 1964.

The dispute concerns property known as 'Conde-Mayem' in Goa, originally owned by Eurico de Soza Joquem Noroana, declared evacuee property after libera...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Testamentary Succession of Tenancy Rights Upheld. Civil Court Findings on Tenancy and Succession Are Binding on Land Tribunal Under Section 48-A of the Karnataka Land Reforms Act, 1961.

The case involves a long-standing dispute over agricultural land in Bilagi Village, Karnataka, spanning over half a century. The appellant, Kanna Timm...

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Bombay High Court Dismisses Petitioner's Writ Petition Challenging Tenancy Rejection Under Bombay Tenancy and Agricultural Lands Act, 1948. Deemed Tenancy Under Section 4 Not Available When Tenancy Claim Fails on Merits and Possession is Not Lawful.

The petitioner, Sahebrao Ramchandra Hande, filed a writ petition under Articles 226 and 227 challenging the order of the Maharashtra Revenue Tribunal ...

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Bombay High Court Quashes Trial Court's Deletion of Defendants and Tenancy Issue in Suit Between Rival Tenants. Civil Court Has Jurisdiction Over Injunction Suit Between Tenants; Tenancy Issue Not Arising Unless Disputed by Landlord.

The dispute pertained to a piece of land bearing Survey No. 308/1 in Mandrem Village, Goa. The petitioner, Lawrence Jose Fernandes, claimed to be a te...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Concurrent findings of fact by trial and appellate courts cannot be interfered with under Article 227 unless perverse or without jurisdiction.

The petitioners, legal representatives of the original defendant Shankar Mahada Kardile, filed a writ petition under Article 227 of the Constitution o...