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High Court of Bombay Upholds Rejection of Amendment to Written Statement in Eviction Suit; No Due Diligence Shown After Commencement of Trial. Tenant's Application to Add Waiver Plea Based on Municipal Tax Payments Fails Under Order 6 Rule 17 CPC as Knowledge of Tax Payments Existed Throughout.

The matter arose from a suit for eviction and mesne profits filed by the landlord against the tenant in the Small Causes Court at Mumbai. The landlord...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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High Court of Karnataka Declares Demolition of Shop without Notice Illegal under Section 23 of Karnataka State Highways Act, 1964. Tenant's Possession Protected When Authorities Demolish Building Without Following Procedural Mandate.

The petitioner was a tenant running a textile shop in a building at Magadi Town, measuring 19 feet by 76 feet, referred to as Schedule-B property. He ...

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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Bombay High Court at Goa Dismisses Tenant's Petition to Withdraw Plea of Permanent Tenancy in Eviction Proceedings. Amendment Sought After 12 Years Held Barred by Laches and Lack of Bona Fides Under G.D.D. Buildings (L.R.E.) Act, 1968.

The petitioner, a tenant, filed writ petitions under Article 227 of the Constitution challenging the order of the Rent Controller, Panaji, dated 23.7....

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Bombay High Court Dismisses Appeal in Rent Control Suit — Plaintiff Failed to Prove Ownership and Tenancy. Suit for possession and mesne profits dismissed as plaintiff could not establish title or landlord-tenant relationship under the Maharashtra Rent Control Act, 1999.

The appellant, Shankar Parmeshwar Mistri, filed a Short Cause Suit No. 885 of 2010 in the City Civil Court at Dindoshi (Borivali Division), Goregaon, ...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute Over Eviction and Mesne Profits — Concurrent Findings of Subletting and Unauthorized Construction Upheld Under Section 100 CPC.

The case involves a second appeal filed by the original defendants (tenants) against the concurrent decrees of eviction and mesne profits passed by th...

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Bombay High Court Allows Second Appeal in Mesne Profits Case — Reduces Rate from Rs.75 per day to Rs.100 per month. Court holds that mesne profits must be based on actual loss suffered by the landlord, not hypothetical profits from illegal use.

The case involves a second appeal by the defendant against the judgment of the lower appellate court which awarded mesne profits at the rate of Rs.75 ...

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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...