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Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Sets Aside Mesne Profits Award. Co-owner in possession not liable for mesne profits without proof of ouster.

The appeal arises from a judgment and decree dated 28.02.2018 in O.S.No.65 of 2009 on the file of the Fast Track Mahila Court, Dindigul. The plaintiff...

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Bombay High Court Dismisses HPCL's Revision Against Eviction Decree in Lease Renewal Dispute. HPCL's Claim of Statutory Right to Renew Lease Under Section 7(3) of Caltex Act Rejected as Lease Was Not Renewed Before Expiry of Original Term.

The case involves a dispute between Hindustan Petroleum Corporation Limited (HPCL), the revision applicant, and the legal heirs of Mansukhlal Doshi, t...

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Bombay High Court Allows Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings Set Aside Due to Non-Compliance with Order 41 Rule 31 CPC. First Appellate Court's Failure to Frame Points for Determination and Provide Reasoning Renders Judgment Unsustainable.

The case involves a second appeal filed by the original defendants against the judgment and decree passed by the District Judge, Beed, in Regular Civi...

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Bombay High Court Allows Landlord's Claim for Damages Against Tenant Holding Over After Termination of Tenancy. Tenant's Continued Possession After Self-Termination Constitutes Unauthorized Occupation, Entitling Landlord to Mesne Profits Under Section 108(h) of Transfer of Property Act, 1882.

The case involves a second appeal by the plaintiffs, owners of a house property at Ausa, which was let out to the Nizam Government and later handed ov...

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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration and Possession Suit — Concurrent Findings of Fact Not Interfered With. Will Alleged to be Forged by Defendant Not Proven; Plaintiffs Established Title as Class II Heirs of Deceased Owner.

The case involves a second appeal filed by the defendant, Subhas Marutirao Yadav, against the concurrent judgments of the trial court and the first ap...

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Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

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Bombay High Court Allows Mesne Profits Claim in Ownership Dispute Over Flat. Court holds that plaintiffs established ownership of suit flat and defendants are liable to pay mesne profits for illegal occupation.

The plaintiffs, Mrs. Tarla N. Morjaria, Mrs. Usha S. Somana, and Mrs. Bharati V. Tanna, filed a suit against the defendants, Mr. Bipin Hiralal Shah an...