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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiff failed to prove possession and title over suit property.

The appellant, Smt. Sujatha, filed a suit for permanent injunction in O.S. No. 81/2004 before the Civil Judge (Jr. Dn.) and JMFC, Shiggaon, seeking to...

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Bombay High Court Allows Second Appeal in Service Matter — Dismissal of Police Constable Set Aside for Violation of Natural Justice. Non-compliance with mandatory pre-decisional hearing under Article 311(2) of Constitution renders dismissal order void ab initio.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the original defendant, the Commandant of S.R.P.F. ...

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Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree for Rent Default. Tenant Failed to Pay Rent for Over a Decade, No Dispute as to Standard Rent or Permitted Increases, Case Falls Under Section 12(3)(a) of Bombay Rent Act.

The dispute pertains to a suit for eviction filed by the landlady, Mrs. Kusum Pandurang Keni, against the tenant, Sudhir Kumar Sengupta (since decease...

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Injunction Suit Not Maintainable When Title Is Disputed

The High Court of Karnataka held that when title to immovable property is disputed, a suit for mere permanent or mandatory injunction is not maintaina...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Land Revenue Records — Dispute Over Agricultural Land Succession and Partition. Mutation entries under Section 149 of Maharashtra Land Revenue Code, 1966 do not confer title; civil suit for declaration of title is appropriate remedy.

The petitioners, claiming to be heirs of the original owner of agricultural land, challenged mutation entries made in favor of the respondents in the ...

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Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

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Bombay High Court Dismisses Tenant's Petition in Rent Default Eviction Case — Appellate Court's Decree Upheld. Tenant's deposit of rent in court without intimation to landlord and failure to pay demanded rent after notice constituted default under Section 12(3)(b) of the Bombay Rent Act.

The case involves a dispute between landlords (Respondents) and a tenant (Petitioner) over eviction from two rooms on the ground floor of a house prop...