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Bombay High Court Dismisses Revision Against Eviction Decree for Non-User and Subletting of Tenanted Shop. Tenant's Use of Premises as Godown for Grocery Items Held to Be Change of User and Subletting to Brother Constitutes Unauthorized Transfer.

The case involves a civil revision application filed by the defendants (tenants) against a decree of eviction passed by the trial court and confirmed ...

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Bombay High Court Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants.

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into ...

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Supreme Court Allows Appeals in Urban Land Ceiling Case — Upholds Vesting of Land in State and Rejects Ownership Claim. The Court held that the plaintiffs failed to prove their title and that the suit was barred by res judicata and limitation.

The case involves a dispute over land bearing No.73, Canal Circular Road, Calcutta, which was part of a larger parcel of land. The plaintiffs, claimin...

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Bombay High Court Allows Tenant's Petition in Eviction Suit — Landlord Failed to Prove Bona Fide Need for Residential Premises Under Section 16 of Maharashtra Rent Control Act, 1999. Tenant's Use of Rear Rooms for Storage and Occasional Stay Did Not Constitute Subletting or Change of User.

The petitioner, a tenant, challenged the judgment and order dated 11th August 1999 passed by the Additional District Judge, Thane, which partly decree...

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High Court Quashes Criminal Complaint in Land Dispute — Civil Dispute Cannot Be Converted into Criminal Case. Allegations of Trespass and Unlawful Assembly Found Baseless as Dispute Pertains to Encroachment on Municipal Road and Construction Without Sanction.

The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complain...

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Bombay High Court Quashes Criminal Complaint in Land Dispute Case Due to Civil Nature of Dispute. Court holds that allegations of criminal trespass and mischief are essentially civil in nature and do not disclose any criminal offence, warranting quashing under Section 482 CrPC.

The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complain...

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Bombay High Court Allows Second Appeal in Property Dispute Over Restoration of Possession Without Specific Prayer. Court Holds That a Suit for Mandatory Injunction Cannot Be Construed as a Prayer for Restoration of Possession Under Specific Relief Act, 1963.

The case involves a second appeal arising from a property dispute. The respondents (original plaintiffs) filed Regular Civil Suit No.521/1986 before t...

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Bombay High Court Dismisses Builder's Appeal for Injunction Against Demolition of Unauthorized Construction. Builder who constructed seven upper floors without permission and inducted flat purchasers without occupation certificate is not entitled to equitable relief of temporary injunction.

The appellant, M/s. Leela Enterprises, a partnership firm, filed an appeal against an order of the trial court refusing to grant a temporary injunctio...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, not as a prospective purchaser.

The appellant, M/s Multicon Builders, a registered partnership firm through its partner Suryakant Gendasingh Thakur, was the original defendant no.9 i...