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Karnataka High Court Dismisses Appeal in Partition Suit Involving Tenancy Rights of Joint Hindu Family. Court Holds That Tenancy Rights Are Not Joint Family Property and Cannot Be Partitioned Under Hindu Law.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the defendant against the judgment and decree of th...

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Karnataka High Court Dismisses Second Appeal in Partition Suit Involving Tenancy Rights of Joint Hindu Family. Tenancy rights in suit property held not to be joint family property and not liable for partition.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the defendant-appellant against the judgment and de...

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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...

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Bombay High Court Dismisses Petition Challenging Eviction Decree in Rent Control Case — Concurrent Findings of Default in Payment of Rent and Subletting Upheld. The court held that writ jurisdiction under Article 227 cannot be used to re-appreciate evidence when findings are not perverse.

The petitioners, Smt. Subhadrabai Shankar Raut, Shri Vinayak Shankar Raut, Shri Prakash Shankar Raut, and Shri Vilas Shankar Raut, were tenants of a p...

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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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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Supreme Court Dismisses Landlord's Appeal, Upholds Tenancy Rights of Mortgagee's Tenants Under Rajasthan Tenancy Act. Tenants Inducted by Mortgagee Gain Khatedar Status Under Section 15 of Rajasthan Tenancy Act, 1955, and Cannot Be Ejected Upon Redemption of Mortgage.

The Supreme Court adjudicated an appeal arising from an ejectment suit by the appellant-landlord against respondents-tenants who were inducted by a mo...

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Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

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Bombay High Court Allows Revision in Eviction Case Due to Lack of Proper Service of Notice Under Section 106 of Transfer of Property Act, 1882. Notice sent by UPC without acknowledgment due was held insufficient to terminate tenancy.

The revision application was filed by the applicant (defendant No.2) against the judgment and decree dated 4th May 2022 passed by the Appellate Bench ...