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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the second appellate court cannot re-appreciate evidence unless there is a perverse finding or substantial question of law under Section 100 of CPC.

The appellant, who was the defendant in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging t...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and encroachment over 2 gunthas of land; courts below held that defendant had acquired title by adverse possession.

The plaintiff, Kisanlal Maniklal Rathi, filed a suit for possession of 2 gunthas of land from survey no. 75/4-A at Nandura, claiming ownership through...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and encroachment over 2 gunthas of land; courts below held that defendant had acquired title by adverse possession.

The plaintiff, Kisanlal Maniklal Rathi, filed a suit for possession of 2 gunthas of land from survey no. 75/4-A at Nandura, claiming ownership through...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. Plaintiff failed to prove joint family property and possession within limitation under Hindu Succession Act, 1956.

The case involves a second appeal filed by the plaintiffs, who were the widow and daughters of Daulatram, against the dismissal of their suit for part...

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Bombay High Court Allows Revision Against Eviction Order Under MMC Act — Agreement for Sale Does Not Confer Corporation Premises Status. Premises Not Owned or Vested in MCGM, Hence Eviction Proceedings Under Chapter VA of Mumbai Municipal Corporation Act, 1888 Not Maintainable.

The case involves a Civil Revision Application filed by the legal representatives of late Laxman Keshav Kudalkar against an eviction order passed by t...

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Bombay High Court Dismisses Appeal in Suit for Possession Against Daughter-in-Law — Jurisdiction of Civil Court Upheld Where Ownership is Disputed. Preliminary Issue Decided Against Gratuitous Licensee Defence Under Section 41 of Presidency Small Cause Courts Act, 1882.

The appeal arose from an order of a learned Single Judge dated 16 March 2012 deciding a preliminary issue of jurisdiction. The first appellant is the ...

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Supreme Court Remands Compensation Claim in Khoti Abolition Matter for Determination of Proprietary Rights. Holder of Khoti Tenure Must Establish Grant or Sanad to Overcome Presumption of Government Ownership Over Forest and Waste Lands Under Bombay Khoti Abolition Act, 1949.

The dispute centered on the entitlement of the appellants, Shyamsunder Tikam Shet and another, to compensation under section 12 of the Bombay Khoti Ab...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

This is a second appeal arising from a civil suit for declaration of ownership and permanent injunction. The appellant, Parubai Savliram Kshatriya (si...