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Bombay High Court Reserves Judgment in Multiparty Dispute Over Land Ownership and Compensation Under Inam Abolition Act. Privy Council Declaration of Inam Title and Forest Management Agreement Form Core of Dispute Over 157‑Acre Property Transferred to CIDCO Without Acquisition.

The dispute concerned a large parcel of land bearing Survey No. 51/0 at Ulwe, Raigad, originally granted in 1816. The Bivalkars claimed ownership thro...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Order Under Goa Rent Act. Landlord's Bonafide Need for Personal Occupation Upheld as Genuine and Based on Evidence.

The petitioners, Michael Anthony William Gareth and Amelia Gareth, were tenants in a house bearing Municipal no. 73, Panaji, Goa, which was acquired b...

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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 Quashes Trial Court's Deletion of Defendants and Tenancy Issue in Suit Between Rival Tenants. Civil Court Has Jurisdiction Over Injunction Suit Between Tenants; Tenancy Issue Not Arising Unless Disputed by Landlord.

The dispute pertained to a piece of land bearing Survey No. 308/1 in Mandrem Village, Goa. The petitioner, Lawrence Jose Fernandes, claimed to be a te...

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High Court of Karnataka Dismisses Revision Petition in Partition Suit — Order Rejecting Application for Judgment on Admissions Upheld. Court held that admissions must be clear and unequivocal for judgment under Order 12 Rule 6 CPC, and disputed questions of fact cannot be decided in such application.

The petitioner, who is the first defendant in a suit for partition and separate possession, filed a revision petition under Section 115 CPC challengin...

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Bombay High Court Allows Landlord's Revision Against Reversal of Eviction Decree in Rent Default Case. Tenant's Willful Default Established Despite Claim of Payment Through Money Orders.

The case involves a civil revision application filed by the landlord, Anant Tulshiramji Bajaj, against the judgment and decree of the Principal Distri...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Bombay High Court Allows Writ Petition Challenging Eviction Decree on Ground of Lack of Jurisdiction of Small Causes Court. Suit for Possession Based on Title Cannot Be Entertained by Small Causes Court When Relationship of Landlord-Tenant Is Denied.

The petitioners were defendants in a suit filed by the respondent for recovery of possession of a house property. The respondent claimed to be the own...

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Bombay High Court Fixes Interim Compensation for Tenant Pending Eviction Revision — Mesne Profits Determined Based on Valuer Reports and Rental Market. Tenant Ordered to Pay Rs.25,000 Per Month as Interim Compensation Under Section 12 of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the tenant, Previn Govind Sharma, against an eviction decree passed by the Appellate Bench of ...