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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 Property Dispute, Restores Trial Court's Dismissal of Suit for Possession. Partition Deed of 1951 Held Not Proved, and Plaintiffs Failed to Establish Title and Possession Over Suit House.

The case involves a property dispute between two branches of the Lohi family. The plaintiffs, sons and daughter of late Sheshrao Lohi, filed a suit fo...

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Bombay High Court Allows Tenant's Petition Challenging Land Transfer Without Previous Sanction Under Section 43 of Bombay Tenancy Act. Post-transfer sanction cannot regularize invalid transfer; MRT order set aside.

The petitioner, Smt. Saraswati Shamrao Dhere, was a tenant of half portion of agricultural land in Shiroli, Kolhapur. Respondent Nos. 2 and 3 were ten...

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Bombay High Court Dismisses Appeal Against Municipal Corporation in Tenancy Dispute — No Interim Injunction Granted as Appellants Failed to Establish Prima Facie Case of Tenancy. Court Held That Mere Payment of Taxes Does Not Confer Tenancy Rights and Corporation's Title as Owner Remains Unchallenged.

The appeal arises from an order dated 20th September 2014 passed by the City Civil Court, Mumbai, dismissing the Notice of Motion No.2333 of 2014 in L...

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Bombay High Court Dismisses Appeal in Land Acquisition Compensation Apportionment Dispute. Co-owners entitled to equal share in compensation absent proof of exclusive possession or title.

The case arises from a land acquisition proceeding where the Government acquired land admeasuring 1 Acre 26 Gunthas and 8 Annas from Survey No. 26/9 o...

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Bombay High Court Dismisses Writ Petition Challenging MRT Order That Tenants Cannot Purchase Trust Lands Under BT & AL Act. Property Registered as Public Trust Exempts It from Statutory Purchase Provisions Under Section 88B of Bombay Tenancy and Agricultural Lands Act, 1948.

The dispute concerned agricultural lands in Sangli district that were originally Deosthan Inam lands. The tenant claimed right to purchase under the B...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Supreme Court Upholds High Court in Capital Gains Tax Case — Accrual Occurs on Date of Award, Not Notification. Transfer of Capital Asset Under Section 45 of Income-tax Act, 1961 Is Complete Only When Compensation Is Determined by Collector's Award, Even if Possession Taken Earlier.

The case concerns the assessment year 1971-1972 for the assessee Amrik Singh HUF, whose land was acquired by the Haryana Government for a college play...

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Tenant Ordered to Vacate Property Due to Rent Arrears and Bonafide Requirement. Court Upholds Landlord's Claim of Bonafide Need and Rent Default, Orders Eviction.

The High Court of Judicature at Bombay upheld the decisions of the Small Causes Court and the District Court, Pune, directing the defendant (tenant) t...