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Bombay High Court Dismisses Review Petition in Eviction Case for Unlawful Subletting and Non-User of Premises. Tenants failed to show error apparent on face of record in revision order confirming eviction decree under Bombay Rent Act.

The petitioners, who were the defendants in the original eviction suit, filed a review petition before the Bombay High Court seeking review of an orde...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

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Bombay High Court Allows Landlord's Petition in Tenancy Dispute — MRT Order Set Aside for Violation of Natural Justice. Restoration of Possession Cannot Be Ordered Without Hearing the Landlord Under Section 84 of Bombay Tenancy and Agricultural Lands Act, 1948.

The petitioners, Kacharu B. Ambekar and others, are the successors-in-interest of the original landlord of agricultural lands bearing Gat No.333 (47 A...

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Bombay High Court Sets Aside Unconditional Stay of Eviction Decree for Open Land Not Covered by Rent Control Act. Appellate Court Directed to Reconsider Stay Application Applying Correct Principles of Irreparable Loss and Balance of Convenience.

The Petitioner, Mr. Mujibur Rehman Haji Israr Alam Siddiqui, filed a Writ Petition under Article 227 of the Constitution of India challenging an order...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...