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Supreme Court Dismisses Landlord’s Appeal in Bihar Tenancy Dispute; Thika Patta Held to be Lease, Not Mortgage. Tenants of a Tenure-Holder, Being Settled Raiyats Under Bihar Tenancy Act, 1885, Acquired Occupancy Rights and Could Not Be Evicted After Expiry of Head Lease.

The dispute arose from a thika patta executed by the predecessor-in-interest of the plaintiff (appellant) in favor of B, covering a village for a term...

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Bombay High Court Dismisses Tenancy Declaration Petition Due to Lack of Evidence of Cultivation and Payment of Rent. Petitioners failed to prove they were tenants under Section 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a writ petition filed by several individuals (the petitioners) challenging the judgment and order of the Maharashtra Revenue Tribuna...

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Bombay High Court Grants Interim Relief in Property Dispute Over Suit Premises — Appointment of Receiver and Injunction Sought. Court confirms ad-interim order restraining alienation and storage of combustible goods, but declines appointment of receiver at interim stage.

The plaintiff, Sanjeev Alias Sanjay Subhash Grover, filed a Notice of Motion in Suit No. 1989 of 1995 seeking ad-interim and interim relief against th...

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Bombay High Court Dismisses Writ Petition Challenging Rent Recovery Decree — Concurrent Findings of Fact Not Interfered With Under Article 227. Small Causes Court had jurisdiction under Section 26 of Provincial Small Cause Courts Act, 1887 to decree arrears of rent.

The petitioner, original defendant, challenged the decree passed by the Small Causes Court at Nagpur in Regular Civil Suit No. 40/2000, which was conf...

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Bombay High Court Dismisses Revision in Ejectment Suit for Lack of Title Proof and Non-Joinder of Necessary Parties. Trustees failed to establish devolution of leasehold interest and maintainability of suit under Section 41 of Presidency Small Cause Courts Act, 1882.

The applicants, claiming to be trustees under a Deed of Wakf dated 22 December 1942, filed a suit for ejectment against the respondents in the Court o...

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Bombay High Court Dismisses Tenant's Petition in Rent Act Suit — Leave and License Agreement Not a Camouflage. Court upholds Small Causes Court's finding that no landlord-tenant relationship existed between plaintiff and defendant under Bombay Rent Act, 1947.

The petitioner, Dinesh Vasantrai Bhuta, filed a writ petition challenging the judgment and decree passed by the Appellate Bench of the Small Causes Co...

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Bombay High Court Allows Second Appeal in Agricultural Tenancy Dispute — Trial Court Erred in Not Framing Tenancy Issue Despite Pleadings. The Agricultural Tenancy Act, 1964 being a welfare legislation, no contract can waive a tenant's rights, and courts must consider its provisions.

The case involves a second appeal before the Bombay High Court at Goa arising from a dispute between the appellants (original defendants) and the resp...