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Bombay High Court Dismisses Municipal Council's Second Appeal in Property Dispute — Upholds Concurrent Findings of Ownership and Possession. Reservation of land for Octroi Naka was withdrawn in 1975, and the Municipal Council failed to prove any subsisting right over the suit property.

The present second appeal was filed by the Municipal Council, Amalner, challenging the concurrent judgments of the trial court and the first appellate...

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Bombay High Court Dismisses Second Appeal in Land Ownership Dispute — Plaintiff Fails to Prove Title by Adverse Possession Against State Forest Department. Continuous possession for over 50 years not sufficient to establish ownership without clear evidence of hostile possession and ouster of true owner.

The appellant, Tanaji Gulabgir Gosavi, filed a second appeal before the Bombay High Court challenging the concurrent judgments of the trial court and ...

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Bombay High Court Dismisses Writ Petition Challenging Mundkar Declaration Under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Court upholds concurrent findings that petitioners failed to prove construction of house before the appointed date of 20/08/1971.

The petitioners, Akrur Raya Gaonkar and Yamini Akrur Gaonkar, filed a writ petition under Article 227 of the Constitution of India challenging the ord...

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LETTERS PATENT APPEAL NO.288 OF 1999

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Bombay High Court Dismisses Appeal Against BMC Demolition of Unauthorized Structure in Jira Galli. Notice Under Section 314 of Mumbai Municipal Corporation Act, 1988 Held Valid as Structure Was on Street and No Prior Notice Required.

The appellant, Bashir Nazir Sayyed, was the original plaintiff who filed a suit in the City Civil Court at Bombay seeking a declaration that a notice ...

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Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

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Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

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Bombay High Court Quashes Demand Notices for Transfer Premium in Lease Assignment Case. Co-operative Society's Assignment of Lease to Members Does Not Attract Transfer Premium Under MCGM Policy.

The petitioners, Homi Villa Co-operative Housing Society Limited and others, filed a writ petition under Article 226 of the Constitution of India befo...