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Bombay High Court Considers Second Appeal in Eviction Suit Where Title Was Disputed; Maintainability of Suit for Possession Without Declaration of Title at Issue. Court Frames Substantial Questions on Effect of Rent Controller's Finding and Evidentiary Value of Survey Records Under Goa Rent Control Act.

The dispute pertained to a residential property known as 'Mordi' or 'Tanki' in Navelim, Goa. The plaintiffs, claiming through John Gomes, had filed an...

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Supreme Court Upholds High Court Order Quashing State Circulars on Temple Land Records in M.P. Land Revenue Code Dispute. Executive Instructions Found Invalid as They Sought to Override Statutory Bhumiswami Rights of Pujaris Protected Under Sections 57 and 158 of M.P. Land Revenue Code, 1959.

The dispute arose from circulars issued by the State of Madhya Pradesh in 1994 and 2008 directing deletion of Pujari names from revenue records to pre...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit — Partnership Firm Not a Necessary Party Under Order 30 CPC. The court held that Order 30 Rule 1 CPC is permissive and non-joinder of a partnership firm does not vitiate eviction proceedings against individual partners.

The applicant, a tenant (son of the original tenant), filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) ...

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Bombay High Court Allows Writ Petition Challenging Appellate Order in Tenancy Dispute — Sub Divisional Officer's Order Set Aside as Without Jurisdiction and Perverse. Adoption Claim Not Proved, Sale Deed Upheld.

The petitioner, claiming to be the adopted son of Dhansingrao, filed a suit in 1972 seeking a declaration that a sale deed executed by his adoptive fa...

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Bombay High Court Dismisses Appeal in Property Injunction Suit — Upholds Plaintiff's Possession Based on Tenancy Rights and Adverse Possession. Letters Patent Appeal against dismissal of first appeal fails as defendants failed to prove title or better right to suit premises.

The case involves a Letters Patent Appeal filed by the original defendants against the dismissal of their first appeal from a decree in a suit for per...

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Bombay High Court Allows Second Appeal in Tenancy Act Bar Case — Suit for Permanent Injunction Not Barred by Section 85 of Bombay Tenancy and Agricultural Lands Act, 1948. Courts Below Erred in Dismissing Suit Without Deciding Merits; Matter Remanded for Fresh Adjudication.

The appellant, Pandurang Damodar Bhoir, filed a civil suit (Regular Civil Suit No. 155 of 2008) seeking a permanent injunction restraining the respond...