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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

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Bombay High Court Dismisses LIC's Revision Against Eviction Order for Unauthorized Subletting. Lease Agreement Prohibited Subletting Without Consent; Subletting to Multiple Tenants Constituted Breach Justifying Eviction Under Transfer of Property Act, 1882.

The case involves a lease agreement executed on 16/12/1960 between the Board of Trustees of the Port of Mumbai (Plaintiff/Respondent) and the Life Ins...

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Bombay High Court Dismisses Landlord's Petition in Rent Control Dispute Over Subletting and Bona Fide Requirement. Landlord Failed to Prove Illegal Subletting and Bona Fide Need for Suit Property Under Bombay Rent Act.

The petitioner, Milind Rajkumar Wagholikar (Shah), was the landlord of a suit property bearing CTS No. 506/34, new CTS No. 866, admeasuring about 7500...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition Compensation — Upholds Concurrent Findings on Entitlement to Compensation Under Land Acquisition Act, 1894. Claimants Failed to Establish Title or Possession Over Acquired Land, and Their Challenge Was Barred by Delay and Laches.

The petitioners, Bansrajidevi and others, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12/6/1986 p...

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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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Supreme Court Dismisses Appeals in Agricultural Land Specific Performance Case; Pendente Lite Transferees' Objections Rejected Under Section 52, Transfer of Property Act, 1882. Readiness and Willingness of Purchasers Inferred from Conduct; No Collusion Found.

The Supreme Court heard two appeals together: the first by the original seller of agricultural land challenging the concurrent findings of lower court...

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Bombay High Court Allows Society's Petition in Servant Quarters Eviction Dispute — Cooperative Court Has Jurisdiction Under Section 91 MCS Act. Dispute for recovery of possession of servant quarters from ex-employee held to be touching management of society, not business.

The Bombay High Court allowed a writ petition filed by a cooperative housing society challenging an order of the Cooperative Appellate Court which had...