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Supreme Court Restores Concurrent Findings of Fact in Property Dispute, Sets Aside High Court's Interference Under Section 100 CPC. High Court Exceeded Jurisdiction by Reappreciating Evidence and Holding Unregistered Partition List Inadmissible Without Considering Collateral Use.

The Supreme Court allowed the appeal filed by the original defendants, setting aside the High Court's judgment and restoring the concurrent findings o...

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Bombay High Court Dismisses Partition Suit as Barred by Res Judicata and Limitation in Family Property Dispute. Consent decree in earlier suit and ouster of co-owners bars subsequent suit for partition under Section 11 CPC and Article 65 of Limitation Act, 1963.

The plaintiffs, Rusi Hormusji Pavri and others, filed a suit for partition and declaration of co-ownership of 'Pavri House' against the defendants, wh...

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Bombay High Court Partially Allows Appeal in Lease Dispute, Directs Deposit of Mesne Profits at Agreed Rate. Tenant at sufferance liable to pay mesne profits at market rate from date of termination of tenancy under Order 39 Rule 10 CPC.

The appellants, original plaintiffs, claimed ownership of suit premises and alleged that the respondent-defendant was a tenant at will under an unregi...

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Bombay High Court Dismisses Tenants' Petition Against Eviction Decree for Non-Payment of Rent and Education Cess. Landlord's Suit for Eviction Maintainable Despite Court Receiver's Appointment Under Section 12(3)(a) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a writ petition under Article 227 of the Constitution of India filed by the petitioners (original defendants) challenging the judgme...

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Bombay High Court Upholds Eviction Decree for Bonafide Requirement in Rent Control Case. Landlords' need for suit premises held genuine despite acquisition of additional rooms under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The original defendant (petitioner) was a tenant in suit premises consisting of two rooms admeasuring 10 ft X 10 ft and 8 ft X 10 ft. The plaintiffs (...

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Bombay High Court Dismisses Appeal of Tenant Seeking Alternate Accommodation After Demolition for Road Widening — No Statutory Right to Alternate Site Under Municipal Law.

The appellant, M/s Quality Printing Press, was a tenant running a printing and packaging business in a structure at Sunrise Estate, Kurla West, Mumbai...

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Bombay High Court Dismisses Revision Against Order Refusing to Strike Out Defence in Suit for Possession and Mesne Profits — Held That Denial of Title by Tenant Without Supporting Evidence Does Not Attract Striking Out of Defence Under Order 15A CPC.

The case arises from a civil revision application filed by the defendants (M/s. Keshavdas Hassanand and others) against an order of the Trial Court re...

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Bombay High Court Dismisses Petition in Property Dispute - Adverse Possession Claim Fails. Petitioner failed to prove continuous possession for 12 years under Limitation Act, 1963.

The case involves a property dispute where the petitioner, Rajaram Rakshe, filed a writ petition against the respondents, who are heirs of Hasan Husse...