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High Court of Bombay at Goa Dismisses Revision Challenging Rejection of Plaint Rejection Application in Tenancy Dispute — Civil Court Jurisdiction Not Barred Under Agricultural Tenancy Act as Plaint Discloses Cause of Action for Easementary Rights and Possessory Remedies.

The petitioner, Comunidade of Calapur, filed a Civil Revision Application under Section 115 of the CPC challenging the order dated 07/09/2017 passed b...

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Bombay High Court Upholds Impleadment of Property Owner in Suit Challenging Demolition Notice Under MRTP Act. Owner is Necessary Party as Tenant's Challenge to Notice Directly Affects Owner's Rights Over Property.

The petitioners, tenants of the ground floor of a property, filed Regular Civil Suit No.418 of 2023 challenging a notice dated 10/03/2023 issued by th...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Construction on Municipal Land — Held That No Notice Under Section 53A of Transfer of Property Act Is Required for Unauthorized Occupants and That Encroachment on Public Land Cannot Be Regularized.

The judgment concerns two writ petitions filed by different groups of petitioners challenging the demolition of their constructions on land belonging ...

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Bombay High Court Dismisses Landlord's Writ Petition in Rent Control Eviction Case — Appellate Court's Reversal of Eviction Decree Upheld. Section 12(3)(b) of Bombay Rent Act Not Applicable as Tenant's Default Not Established.

The petitioners, legal heirs of the original landlord Purushottam D. Rajadne, filed a writ petition under Article 227 of the Constitution of India cha...

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Bombay High Court Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Time Was Not the Essence of Contract, but Plaintiff's Conduct Showed Lack of Readiness and Willingness, Hence Decree for Specific Performance Set Aside.

The case involves two first appeals arising from a common judgment and decree dated 10.1.2008 passed by the III Joint Civil Judge, Senior Division, Na...

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Bombay High Court Allows Landlord's Petition in Eviction Suit Based on Bonafide Requirement and Non-User of Premises by Tenant. Tenant's Appeal Reversed as Appellate Court Failed to Appreciate Evidence of Tenant's Acquisition of Suitable Alternative Accommodation.

The petitioner, Mohan Vishwanath Mulay, filed a writ petition against the judgment and order dated 29th March 1993 passed by the Additional District J...

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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Landlord's Bonafide Need Under Maharashtra Rent Control Act, 1999. Concurrent findings on bonafide need and hardship not interfered with under Section 115 CPC as they were not perverse.

The petitioners, original defendants/tenants, challenged the concurrent eviction decrees passed by the trial court and the first appellate court under...

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Bombay High Court Dismisses Revision Against Eviction Decree Under Section 13A(1) of Bombay Rent Act for Bona Fide Requirement of Landlord's Son. Concurrent Findings of Fact Not Interferable Under Section 115 CPC as No Jurisdictional Error Found.

The case involves a Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging the eviction decree pass...