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Bombay High Court Restrains Flour Mill in Slum Area on Nuisance Grounds — Interim Injunction Upheld Pending Suit. The court held that the trial court's finding of prima facie nuisance and balance of convenience in favor of the plaintiffs was not perverse or erroneous.

The appeal arose from a suit filed by the original plaintiffs (respondents 3 to 10) who were residents of a slum near V.P. Stadium, Worli, Mumbai. The...

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Bombay High Court Allows Tenant's Writ Petition in Rent Control Eviction Suit Due to Limitation Bar. Suit for possession under Section 13(1)(l) of Bombay Rent Act filed 12 years after tenant acquired alternate accommodation held time-barred under Article 67 of Limitation Act, 1963.

The case involves a dispute between landlords (respondents) and tenants (petitioners) over eviction from suit premises. The respondents, owners of the...

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Bombay High Court Quashes Eviction Orders Against Tenant in Public Premises Act Case — Estate Officer Lacks Jurisdiction Over Genuine Tenancy Dispute. Lawful Tenant Cannot Be Evicted Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Dispute Must Be Adjudicated by Civil Court.

The petitioner, Nusli Neville Wadia, was a lawful monthly tenant of Flat No.B/27 at Mayfair Gardens, Malabar Hill, Mumbai, since 1 October 1972, payin...

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Bombay High Court Dismisses Appeal in Property Dispute Over Will Validity — Upholds Trial Court's Refusal to Appoint Receiver and Grant Injunction. Court Held That Disputed Questions of Fact Regarding Execution of Will Cannot Be Decided in Summary Proceedings Under Order 39 CPC.

The case involves a property dispute among family members concerning the estate of the deceased, Girdharilal T. Bijlani. The appellants (original plai...

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Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

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Supreme Court Dismisses Appeal in Wakf Property Dispute — Suit Barred by Limitation Under Section 6 of Wakf Act, 1954. One-Year Limitation Period for Challenging Wakf Publication Cannot Be Extended by Notice Requirement Under Section 56.

The appellant, Syed Zainul Abedeen, filed a suit under Section 6 of the Wakf Act, 1954, seeking a declaration that the property Mandarja Madnumber 14 ...