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APPEAL FROM ORDER NO. 835 OF 2022

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Bombay High Court Allows Appeal in Hotel Business Dispute — Conducting Agreement Expired, No Tenancy Rights Created. Agreement for Conducting Hotel Business Held Not to Confer Tenancy Rights Under Transfer of Property Act, 1882.

The appellants (original plaintiffs) filed a suit in 1987 seeking declaration that an agreement dated 16th August 1984 for conducting a hotel business...

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Bombay High Court Dismisses Petition Challenging Eviction Decree in License Dispute — Constituted Attorney's Lack of Personal Knowledge Does Not Invalidate Suit When Plaintiff's Ownership is Undisputed and Defendant Fails to Prove Tenancy.

The dispute pertains to Room No.2 (2-A) admeasuring 290 sq.ft on CTS No. 185 situated at 1st Floor, Kumud Villa, 321, Vithalbhai Patel Road, Paper Mil...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...