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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case involves two second appeals arising from a property dispute between family members. The appellants in SA-284-2019 were the original defendant...

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Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

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Supreme Court Restores Stay for Tenant in Eviction Case Due to Substantial Compliance with Conditional Order. Tenant Directed to Pay Reduced Damages for Remaining Premises Pending Appeal.

The case arises from an eviction suit filed by the respondent-landlord against the appellant-tenant regarding a property comprising a basement and sec...

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Bombay High Court Upholds MHADA's Order for Repairs and Redevelopment of Cessed Building Under Section 95A of MHADA Act. Court Directs Tenants to Pay Increased Rent and Vacate for Redevelopment, Rejecting Challenge to Executive Engineer's Order.

The appellants, eight tenants of a cessed building in Chittaranjan Nagar, Ghatkopar, Mumbai, filed a writ petition challenging an order dated 24 April...

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Bombay High Court Upholds Eviction Decree Against Tenant for Default in Rent Payment Under Bombay Rent Act. Tenant's Failure to Pay Rent Despite Valid Demand Notice and Non-Compliance with Section 12(3)(b) of the Bombay Rent Act Leads to Eviction.

The petitioner, a tenant, challenged the appellate court's order decreeing eviction on the ground of default in payment of rent under the Bombay Rent ...