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High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

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Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

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Bombay High Court Dismisses Revision Against Eviction Decree for Unlawful Subletting and Rent Default. Tenant's Claim of Assignment of Tenancy Rights Fails for Lack of Consent of Landlord and Non-Production of Evidence.

The case involves a civil revision application filed by Ratnadeep Shankar Narkar (Applicant/Defendant No.2) challenging the judgment and decree dated ...

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Bombay High Court Allows Section 9 and 11 Petitions in License Termination Dispute with Airports Authority of India. Disputes Over Termination of License to Occupy Airport Premises Held Arbitrable Despite Public Premises Act.

The Bombay High Court dealt with three connected proceedings: two petitions under Section 9 of the Arbitration and Conciliation Act, 1996, and one app...

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High Court Dismisses Second Appeal Challenging Limitation in Sale Deed Challenge; Suit for Declaration of Sale Deed as Null and Void Found Time-Barred Under Article 60 of Limitation Act, 1963 as Plaintiff Failed to File Within Three Years of Attaining Majority

The plaintiff filed a suit in 1999 seeking a declaration that a sale deed executed by his parents in 1989 in favour of the defendants was null and voi...

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Bombay High Court Allows Appeal in Land Acquisition Case, Remands for Fresh Compensation Determination. Mere Survey Entries Do Not Establish Tenancy Under Goa Agricultural Tenancy Act, 1976.

The appellant, Shri Ratnakar Rama Parab, owned land admeasuring 1192 sq. mtrs. in Orgao, Ponda, Goa, which was acquired by the State for the public pu...

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Bombay High Court Dismisses Writ Petition Challenging Tenancy Orders in Suo-Moto Enquiry Under Bombay Tenancy and Agricultural Lands Act, 1948. Landlord's Claim of Personal Cultivation Fails as Tenant's Possession and Default in Rent Payment Established.

The petitioners, Vinayak Ratnagiri Gosavi and Tryambak Shivram Gosavi, were the original opponents in a suo-moto tenancy enquiry initiated by the Tahs...