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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Confirms Findings of Subletting and Non-User of Premises. Landlord's Eviction Suit Under Maharashtra Rent Control Act, 1999 Upheld as Tenants Failed to Prove Bona Fide Use and Consent for Subletting.

The case arises from a landlord-tenant dispute concerning Shop No.2 and rear portion of Shop No.1 in Supariwala Mansion, Parel, Mumbai. The original p...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

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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 Dismisses Revision Against Eviction Decree for Subletting Under Maharashtra Rent Control Act. Landlord Proved Subletting as Tenants Had No Control Over Suit Shop and Sub-Tenants Were in Exclusive Possession Under Section 16(1)(e)(ii) of M.R.C. Act.

The case involves a civil revision application filed by the original defendants (applicants) against the judgments and decrees of eviction passed by t...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Willful Default and Subletting. Landlord's Bonafide Need for Business Expansion Upheld as Trial Court and Appellate Court Concurrent Findings Not Disturbed Under Article 227.

The petitioner, Sou. Bhamabai, wife of Ananda Raut, was defendant no.3 in a suit for eviction filed by the landlords (respondent nos.1 and 2) against ...

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Bombay High Court Allows Appeal in Tenancy Dispute — City Civil Court Lacks Jurisdiction Over Tenancy Questions Under Maharashtra Rent Control Act, 1999. Suit Involving Determination of Tenant Status After Death of Original Tenant Must Be Tried Exclusively by Small Cause Court.

The appellant, M/s. Sanyam Realtors Private Limited (original defendant no.1), challenged the judgment and order dated 28.8.2012 passed by the learned...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...