Search Results for "Regular Civil Suit"

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit Based on Landlord's Bonafide Need for Redevelopment. Landlord's Purchase of Entire Property and Need for Expansion of Business for Son Constitute Bonafide Need Under Section 16 of Maharashtra Rent Control Act, 1999.

The applicant, Shridhar K. Berde, was a monthly tenant in Gala No.1 of Municipal House No.2481, Ratnagiri. The original owner Vinayak Purushottam Dali...

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Bombay High Court Dismisses Appeal Against Refusal to Restore Appeal Dismissed for Breach of Undertaking. Undertaking given to court not to create third party rights in suit property is binding and its breach justifies dismissal of appeal.

The appellant, Shivaji Fakira Bhambare, was the defendant in Special Civil Suit No.41 of 2004 filed by the respondent, Dashrath Baburao Naik, seeking ...

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Bombay High Court Dismisses Civil Revision Against Permission to Withdraw Suit with Liberty to File Fresh Suit. Withdrawal Allowed Under Order XXIII Rule 1 CPC as Plaintiff Sought to Withdraw Due to Technical Defect, Not Abuse of Process.

The original defendants in Regular Civil Suit No. 22 of 2004 challenged the order dated 1st January 2014 passed by the learned Adhoc District Judge-1,...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Limitation. The court held that the suit for partition was not barred by limitation and that the property was joint family property, not self-acquired.

The case involves a second appeal filed by the defendants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civil A...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree — Valid Service of Demand Notice and Application of Section 12(3)(a) of Bombay Rent Act Upheld. Tenant's refusal of notice and monthly tenancy established; Appellate Court's findings not perverse.

The petitioners, Gorakh Rambhau Chothve and Jalinder Rambhau Chothve, were defendants in a suit for eviction and arrears of rent filed by the responde...

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Bombay High Court Dismisses Tenant's Petition Against Eviction Decree for Rent Default and Unauthorized Construction Under Bombay Rent Act. Concurrent findings of courts below upheld as tenant failed to prove that construction was pre-existing or that rent was not in arrears.

The petitioner, a tenant of a shop premises in Nashik, was sued by the respondent landlady for eviction under the Bombay Rents, Hotel and Lodging Hous...