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Bombay High Court Dismisses Suit for Declaration and Injunction in Property Dispute — Plaintiffs Fail to Prove Title and Possession. Court holds that mere possession of property documents does not establish ownership and that plaintiffs must prove their title independently.

The plaintiffs, claiming to be owners and in possession of a plot of land in Ghatkopar, Mumbai, filed a suit for declaration of ownership and permanen...

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Bombay High Court Quashes Land Acquisition Award for Violation of Section 5-A Hearing Right — Personal Hearing Not Afforded Despite Objections Filed by Owner. Denial of Personal Hearing Under Section 5-A of the Land Acquisition Act, 1894 Renders Acquisition Proceedings Invalid.

The petitioner, Talsons Real Estate Pvt. Ltd., owned land bearing Survey No.23/2/1 at Kondhwa Budruk, Taluka Haveli, District Pune. The State of Mahar...

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High Court Dismisses Writ Petition Challenging Eviction Order for Unauthorized Construction by MHADA Tenant. Petitioner failed to prove that construction was within plot boundary or that MHADA lacked jurisdiction under Section 66 of MHADA Act, 1976.

The petitioner, Maniram Satyanarayan Chaudhari, was allotted a tenement by the Maharashtra Housing and Area Development Board (MHADA) on 19th November...

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Bombay High Court Allows Interim Application in Waqf Property Dispute — Status Quo Maintained Pending Final Hearing. Court holds that interim protection is necessary to preserve the subject matter of the suit and prevent irreparable loss to the applicants.

The present matter is an interim application filed in a suit pending before the Bombay High Court. The applicants, Masjid and Madarsa Gausiya (a regis...

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Bombay High Court Allows Summary Judgment for Recovery of Maintenance Charges Under MOFA Agreement. Builder/Promoter entitled to recover proportionate outgoings from purchaser based on contractual clause in agreement for sale.

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries through its proprietor Mr....

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Bombay High Court Upholds Will in Property Dispute, Dismisses Claims of Undue Influence and Lack of Testamentary Capacity. The court held that the propounder of a will must prove its execution and attestation, and once that is done, the onus shifts to those alleging undue influence or fraud.

The case involves a dispute over a property known as 'Sullachi Nhat' in Calangute, Goa, originally owned by Joao Francisco Lobo and his wife Joanita L...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court upheld the validity of a Will and rejected the claim of adverse possession by co-owners, holding that possession must be hostile and with ouster to ripen into title.

The dispute pertains to a property known as 'Sullachi Nhat' in Calangute, Goa. The plaintiffs claimed title through a Will executed by Joao Francisco ...