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Bombay High Court Allows Appeal Against Eviction Decree in Tenancy Transfer Dispute — Transfer of Tenancy by Housing Board Upheld as Valid. Appellant's Possession as Tenant Protected Under Transfer of Property Act, 1882 and Maharashtra Rent Control Act, 1999.

The appellant, Jahid Moharam Shaikh alias Zahid Moazzam Ali, was the defendant No.2 in Short Cause Suit No.2649 of 1992 before the City Civil Court, M...

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Supreme Court Allows Appeal in Wakf Eviction Suit, Restoring Tribunal's Decree. Suit for Eviction of Tenant from Wakf Property Held Maintainable Before Wakf Tribunal Under Section 83 of Wakf Act, 1995, and Properties Established as Wakf Through Gazette Notification.

The dispute involved the Telangana State Wakf Board and the Mutawalli of a registered Wakf institution (appellants) against Mohamed Muzafar (responden...

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Bombay High Court Dismisses Municipal Council's Second Appeal in Property Dispute — Upholds Concurrent Findings of Ownership and Possession. Reservation for Octroi Naka Deleted in 1975, Municipal Council Cannot Claim Title or Eviction Without Acquisition Under Section 100 CPC.

The present second appeal was filed by the Municipal Council, Amalner (original defendant) challenging the judgment and decree passed in Regular Civil...

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Bombay High Court Dismisses Municipal Council's Second Appeal in Property Dispute — Upholds Concurrent Findings of Ownership and Possession. Reservation of land for Octroi Naka was withdrawn in 1975, and the Municipal Council failed to prove any subsisting right over the suit property.

The present second appeal was filed by the Municipal Council, Amalner, challenging the concurrent judgments of the trial court and the first appellate...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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High Court of Karnataka Allows Revision Petition in Ejectment Suit — Measurement Dispute Remanded for Fresh Consideration. Landlord's claim that premises exceeded 14 sq.mtrs. under Section 2(3)(f) of Karnataka Rent Act, 1999 requires proper appreciation of evidence including tenant's admission.

The revision petition was filed by the landlords (Sandeep Chowhan and Leela Devi) against the judgment dated 24.03.2015 passed by the XXII Additional ...

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Bombay High Court Allows Appeal Against Sealing of Shop Without Notice to Original Allottee — Violation of Natural Justice. Sealing of premises by development authority set aside as no show cause notice was served on the original allottee before taking drastic action.

The Appellant/Plaintiff, original allottee of shop No.7 situated at building No.14, Bismillah Beef Shop, Hiranandani Akruti, Tata Nagar, Mankhurd(W), ...

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Bombay High Court Dismisses Tenant's Appeal in Tenancy Extinction Case — Collapse of Tenement Ends Tenancy Regardless of Cause. Tenancy extinguishes upon destruction of tenanted premises, and tenant cannot claim restoration of land under general law.

The appellant, a tenant of a tenement (House No. 83) in Comba, Margao, filed a suit alleging that the respondents damaged and demolished the tenement ...

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Bombay High Court Upholds Eviction Order in Leave and Licence Case Under Section 13-A(2) of Bombay Rent Act. Licensee Holding Over After Expiry of Licence Period Is Not a Tenant and Competent Authority Has Jurisdiction to Order Eviction.

The case involves a Civil Revision Application filed by Mrs. Poonam V. Matta (the petitioner) against an eviction order passed by the Competent Author...