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High Court of Karnataka Allows Appeal in Property Dispute Between Brothers — Sets Aside Trial Court Decree for Declaration and Possession. Suit for Declaration of Title and Possession Dismissed as Plaintiff Failed to Prove Ownership and Adverse Possession Against Co-Owner Brother.

The appeal arises from a judgment and decree dated 07.11.2007 in O.S.No.3163/1990 passed by the XV Addl. City Civil and Sessions Judge, Bangalore, dec...

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Bombay High Court Allows Second Appeal in Part in Recovery of Possession Case — Appellant Not a Tenant, No Substantial Question of Law Arises. The appellate court's order granting entire damages without separate inquiry under Order 20 Rule 12 CPC set aside, trial court's direction for inquiry restored.

The appellant, Rajendra Suryakant More, was a former employee of the respondent company, M/s Fixolite Wires & Cables Pvt. Ltd. He was provided with a ...

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Bombay High Court Hears Writ Petition Challenging Charity Commissioner’s Sanction for Sale of Trust Property. Court’s Determination Not Included in the Provided Judgment Fragment.

The matter arose from an application filed by the trustees of a registered public trust before the Charity Commissioner seeking prior sanction for sal...

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High Court of Karnataka Allows Appeal in Rent Recovery Suit — Defendant Not Liable for Rent After Vacating Premises. Tenant's Liability for Rent Ceases Upon Vacating and Handing Over Possession, Even Without Formal Termination Notice Under Section 106 of Transfer of Property Act, 1882.

The case involves a Regular First Appeal filed by the defendant, M. Bhaskar, against the judgment and decree dated 27.06.2015 passed by the VII Additi...

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Bombay High Court Dismisses Revision Against Sub-Tenant in Eviction Case Under Section 13-A2 of Bombay Rent Act. Landlord Failed to Establish Landlord-Tenant Relationship with Sub-Tenant in Possession.

The petitioner, Jagannath Baburao Swamy, filed a Civil Revision Application challenging the order dated 12/9/1997 passed by the Competent Authority un...

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Bombay High Court Dismisses Writ Petition Against Eviction Order Under Public Premises Act — Maintainability Challenge Rejected. Division Bench Holds That Writ Petition Under Article 226 Is Maintainable Despite Availability of Revision, and That a Division Bench Has Jurisdiction to Hear Such Petitions.

The petitioner, Mr. Nusli Neville Wadia, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging...

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High Court of Karnataka Allows Appeal in Property Injunction Suit — Plaintiff Fails to Prove Possession. Suit for Permanent Injunction Dismissed as Plaintiff's Possession Not Established and Title Not Proven, Relief of Declaration Not Sought.

The appellant, Smt. Sabiha Banu R, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and de...

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Bombay High Court Dismisses Writ Petitions Challenging Eviction Order in Caretaker Agreement Dispute. Licensee Not Entitled to Tenancy Protection Under Section 15A of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as Agreement Was Not Bona Fide.

The case involves a dispute over Flat No.5, Sagar Mahal, Walkeshwar Road, Mumbai. The respondent, Dr. G.S. Shah, a medical doctor employed with Centra...