Search Results for "enquiry into mesne profits"

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Search Results for "enquiry into mesne profits"

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High Court

High Court of Karnataka Dismisses Appeal in Property Declaration Suit — Upholds Trial Court's Finding of Plaintiff's Ownership Based on Sale Deed and Possession. Defendants' Claim of Adverse Possession Fails as They Failed to Prove Hostile Possession for Statutory Period Under Section 65 of Limitation Act, 1963.

9 Apr 2025

The appeal arises from a judgment and decree dated 16.07.2018 passed by the II-Additional Senior Civil Judge, Ballari in O.S.No.211/2015, decreeing th...

High Court

Bombay High Court Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent.

15 Oct 2024

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. Th...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Bonafide Requirement of Landlord Upheld. Tenant's Claim of Availability of Alternate Premises Rejected as Landlord Cannot Be Compelled to Use Residential Premises for Commercial Purpose Under Maharashtra Rent Control Act.

4 Oct 2024

The case involves a Civil Revision Application filed by the defendant-tenant (Parshuram Chunilal Kanojiya) challenging the eviction decree passed by t...

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Subletting Case — Tenancy Terminated Under Section 16(1)(e) of Maharashtra Rent Control Act, 1999. The court upheld the Appellate Bench's finding that the tenant had sublet the premises to persons who were not family members, and that the earlier judgment regarding adoption did not create res judicata.

5 Jul 2024

The case involves a Civil Revision Application filed by the defendants (applicants) challenging the judgment and order dated 1 November 2023 passed by...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below have concurrently found that the plaintiff failed to prove title and possession.

22 Jun 2024

The present second appeal was filed by the original plaintiff (since deceased, represented by legal representatives) against the judgment and decree d...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

High Court of Karnataka Allows Transposition of Defendant as Plaintiff in Partnership Dissolution Suit Under Order XXIII Rule 1A CPC. The court held that a defendant with a substantial interest in the suit can be transposed as plaintiff when the original plaintiff seeks withdrawal after a preliminary decree.

15 Feb 2021

The case involves a suit for dissolution of partnership and rendition of accounts filed in 1986. A preliminary decree for dissolution was passed on 31...

Supreme Court

Supreme Court Upholds High Court in Capital Gains Tax Case — Accrual Occurs on Date of Award, Not Notification. Transfer of Capital Asset Under Section 45 of Income-tax Act, 1961 Is Complete Only When Compensation Is Determined by Collector's Award, Even if Possession Taken Earlier.

25 Aug 2020

The case concerns the assessment year 1971-1972 for the assessee Amrik Singh HUF, whose land was acquired by the Haryana Government for a college play...

High Court

Bombay High Court Dismisses Second Appeal in Will Dispute, Upholds 1935 Will Over 1988 Will. Succession rights determined by earlier valid Will; later Will found illegal and not binding on plaintiffs.

13 Oct 2016

The case involves a property dispute over premises situated at CTS No.212, Nana Peth, Pune. The respondents (original plaintiffs) filed Special Civil ...

High Court

Bombay High Court Allows Tenant's Petition in Eviction Suit Dismissed for Non-Prosecution. Dismissal of Suit for Possession Does Not Convert Tenant into Trespasser; Tenant Continues as Tenant.

22 Sep 2006

The petitioners, who were tenants of a shop premises, were sued by the respondents (landlords) for possession and mesne profits. The trial court dismi...

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