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Supreme Court Refers Issue of PP Act Overriding Rent Control Acts to Three-Judge Bench. Constitution Bench in Ashoka Marketing (1990) 4 SCC 406 held PP Act prevails; two-judge bench in Suhas H. Pophale (2014) 4 SCC 657 carved exceptions; conflict referred for determination.

The batch of civil appeals arose from eviction proceedings initiated by the Life Insurance Corporation of India under the Public Premises (Eviction of...

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Bombay High Court Allows Appeal in Tenancy Dispute — City Civil Court Lacks Jurisdiction Over Tenancy Questions Under Maharashtra Rent Control Act, 1999. Suit Involving Determination of Tenant Status After Death of Original Tenant Must Be Tried Exclusively by Small Cause Court.

The appellant, M/s. Sanyam Realtors Private Limited (original defendant no.1), challenged the judgment and order dated 28.8.2012 passed by the learned...

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Bombay High Court Upholds Partition Decree, Rejects Exclusive Ownership Claim Based on Tenancy Order. Civil Court Has Jurisdiction to Determine Whether Section 32G Order Was Obtained for Joint Family or Individual Capacity.

The dispute arose from a partition suit filed by respondent no.1, Maruti Laxman Shelar, claiming a 1/5th share in ancestral joint family properties. T...

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High Court of Bombay Admitted a Batch of Appeals from Orders in Property-Related Disputes. The Specific Nature of the Dispute and the Court’s Directions Remain Unclear as the Judgment Text Was Truncated.

The judgment dated 12 December 2011 was delivered by Justice R.M. Borde of the High Court of Bombay (Civil Appellate Jurisdiction). The matter involve...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Civil Suit on Tenancy Grounds. The court held that the issue of tenancy must be determined by the civil court as a preliminary issue under Section 9A CPC, not by tenancy authorities, as the tenancy claim was not bona fide.

The petitioners, legal representatives of the deceased original defendant, challenged an order dated 5/10/2017 passed by the Civil Judge Junior Divisi...

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Bombay High Court Dismisses Landlord's Eviction Suit in Bona Fide Requirement Dispute. Appellate Court's Reversal Upheld as Landlord Failed to Prove Reasonable and Bona Fide Need for Suit Premises Under Section 13(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, Shiv Kumar I. Agarwal, through his constituted authority, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...