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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

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Bombay High Court Dismisses Licensee's Writ Petition Against Eviction Decree in Leave and License Dispute — Licensee Failed to Renew Agreement Despite Licensor's Readiness, Eviction Upheld Under Presidency Small Cause Courts Act, 1882.

The petitioner, Suhas Janardan Chavan, proprietor of M/s. Suhas Hydro Systems, was a licensee of an industrial shed admeasuring 4000 sq. ft. under a l...

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Bombay High Court Dismisses Writ Petition of Bharat Petroleum in Eviction Suit — Concurrent Findings of Valid Tenancy Termination and Mesne Profits Upheld. Small Causes Court Had Jurisdiction Under Presidency Small Causes Courts Act, 1882 and Maharashtra Rent Control Act, 1999.

The petitioner, M/s. Bharat Petroleum Corporation Limited (defendant), challenged the judgment and decree dated 30th January, 2002 passed by the Court...

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Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Concurrent Findings of Fact Not Disturbed. Landlord failed to prove bonafide requirement and unlawful subletting under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, owners of a property in Thane, filed a suit for eviction of the respondents from a gala (shop) on grounds of default in rent, unlawfu...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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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...