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Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Allows Writ Petition in Land Acquisition Case — Compensation Enhanced Due to Inadequate Market Value Assessment. Court Held That Reference Court Erred in Not Considering Comparable Sale Instances and Potential Value of Land for Development Under Land Acquisition Act, 1894.

The case pertains to a writ petition filed by the legal representatives of the original claimant, Sahadeo Mahadik, challenging the judgment and award ...

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Bombay High Court Allows Tenant's Writ Petition in Tenancy Dispute — Orders Remand for Fresh Consideration of Tenant's Declaration Application. Failure to Consider Evidence and Non-Compliance with Natural Justice Warrants Setting Aside of Revenue Tribunal and Sub-Divisional Officer Orders.

The Petitioner, Gopal Ganpat Patil (since deceased, through legal heir Ramdas Gopal Patil), filed a Writ Petition before the Bombay High Court challen...

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Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for BAPS Temple Construction — Acquisition Upheld as Valid Public Purpose Under MRTP Act, 1966. Petitioners lacked locus standi and filed petition after 10-year delay, leading to dismissal.

The petitioners, Mr. Salim Naim Khan and Mrs. Reshma Salim Khan, filed a writ petition challenging the acquisition of land by the State of Maharashtra...

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Bombay High Court Allows Tenant's Petition in Tenancy Declaration Dispute Based on Landlord's Admission. Landlord's admission of tenancy under Section 7-B of Bombay Tenancy & Agricultural Lands Act, 1948 is binding and cannot be ignored by appellate authorities.

The petitioner, Meenakshi M. Gurao, claimed to be a tenant of disputed land and applied to the Tahsildar, Guhagar, on 15-6-1988 under Section 7-B of t...

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Bombay High Court Dismisses Landlord's Petition in Eviction Suit for Unauthorized Construction — Finds Appellate Court's Reversal Not Perverse. Landlord Failed to Plead Original Condition of Premises Under Section 13(1)(b) of Bombay Rent Act.

The petitioner, Hemant Bharat Kachare, as landlord, filed a writ petition challenging the judgment and decree dated 16 February 1999 passed by the Add...

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Bombay High Court Allows Writ Petitions Challenging MRT Order in Land Tenancy Dispute. MRT's Reversal of Collector's Order Set Aside for Ignoring Binding Supreme Court Order and Limitation Under Section 33B of Bombay Tenancy Act.

The Bombay High Court allowed the writ petitions challenging the order of the Maharashtra Revenue Tribunal (MRT) dated November 30, 2023. The MRT had ...