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High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree — Valid Service of Demand Notice and Application of Section 12(3)(a) of Bombay Rent Act Upheld. Tenant's refusal of notice and monthly tenancy established; Appellate Court's findings not perverse.

The petitioners, Gorakh Rambhau Chothve and Jalinder Rambhau Chothve, were defendants in a suit for eviction and arrears of rent filed by the responde...

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Bombay High Court Dismisses Letters Patent Appeal by Purchaser of Tenanted Agricultural Land Against Order Setting Aside Mutation Entry. Mutation Entries Do Not Confer Title and Purchaser Cannot Claim Rights Without Adjudication Under Maharashtra Tenancy and Agricultural Lands Act, 1948.

The appellant, M/s. S. Kumar Developers and Builders, purchased agricultural land that was tenanted. The appellant obtained mutation entries in the re...

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High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...

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Bombay High Court Sets Aside Unconditional Stay of Eviction Decree for Open Land Not Covered by Rent Control Act. Appellate Court Directed to Reconsider Stay Application Applying Correct Principles of Irreparable Loss and Balance of Convenience.

The Petitioner, Mr. Mujibur Rehman Haji Israr Alam Siddiqui, filed a Writ Petition under Article 227 of the Constitution of India challenging an order...

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Bombay High Court Dismisses Second Appeals in Rent Control Cases, Upholds Appellate Court's Finding of No Tenancy. Landlord's Suit for Possession Fails as Tenant Proves Payment of Rent and Absence of Valid Termination Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Radhyesham Ramkaran Choube, filed four second appeals (Second Appeal Nos. 4, 8, 11, and 16 of 2002) against a common judgment dated 10....