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Bombay High Court Upholds Eviction Decree Against Tenant for Non-User and Landlord's Bonafide Requirement Under Bombay Rent Act. Tenant's occasional use of premises does not constitute continuous residence; landlord's need for own use justified eviction.

The dispute arises from a suit for eviction filed by the landlord (respondent) against the tenant (petitioner) under the Bombay Rents, Hotel and Lodgi...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Unauthorized Subletting and Nuisance. Concurrent Findings of Fact Upheld Under Article 227.

The case involves a petition under Article 227 of the Constitution of India filed by the legal heirs of the original defendant/tenant, Hari Govind Ran...

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Bombay High Court Allows Second Appeal in Ejectment Suit, Holds Transaction Was Gratuitous Licence Not Lease. Court finds that payment of electricity charges and failure to take immediate action do not establish a lease in absence of documentary evidence.

The case involves a dispute over tenement no. E-72 at Shanti Nagar Colony, Nagpur, allotted to the plaintiff (Vinayak Daulat Watkar) in 1974 by the Na...

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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 Plaintiffs Failed to Prove Title and Adverse Possession.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the 7th Additional District Judge, ...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

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Bombay High Court Allows Landlord's Petition in Eviction Case Based on Bonafide Need Under C.P. & Berar Rent Control Order, 1949 — Reversing Appellate Court's Dismissal of Suit.

The petitioner, Tirathdas Pokhardas Kalda, aged about 83 years, is the owner of a house at Teen Nal square, Nagpur, which includes a shop block of abo...

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Bombay High Court Dismisses Petition by Cooperative Sugar Factory Challenging Exemption Under Urban Land Ceiling Act. Land Transferred After Statement Filing Not Exempt as Agricultural Land Under Section 2(18) of ULC Act.

The petitioner, Vasantdata Shetkari Sahakari Sakhar Karkhana Limited, a cooperative sugar factory registered under the Maharashtra Co-operative Societ...

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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...