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Bombay High Court Dismisses Appeal in Tenancy Jurisdiction Dispute — Plaint Returned to Small Causes Court. Court holds that the Small Causes Court has exclusive jurisdiction to try suits between landlord and tenant under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Balwant Dattatraya Mule, filed a suit in the Civil Court claiming to be a tenant of residential premises and seeking reliefs against th...

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Bombay High Court Upholds Eviction Decree Against Tenant in Bombay Rent Act Suit for Default in Rent. Tenant's Conflicting Evidence and Failure to Deposit Rent During Appeal Disentitled Him to Relief Under Section 12(3).

The dispute arose from an eviction suit filed by the landlords (respondents) against their monthly tenant (petitioner) in the Small Causes Court at Pu...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958. Petitioner's applications for refund were within limitation period and refusal by authorities was arbitrary.

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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Bombay High Court Allows Writ Petitions Challenging MRT Order in Land Tenancy Dispute. MRT's Reversal of Collector's Order Set Aside for Ignoring Binding Supreme Court Order and Limitation Under Section 33B of Bombay Tenancy Act.

The Bombay High Court allowed the writ petitions challenging the order of the Maharashtra Revenue Tribunal (MRT) dated November 30, 2023. The MRT had ...