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Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Deed Held to be Mortgage by Conditional Sale, Not Outright Sale. Court reverses concurrent findings and decrees redemption with possession, applying Section 58(c) of Transfer of Property Act, 1882.

The respondent (original plaintiff) filed a suit for recovery of possession of suit land Survey No. 331/4, alleging that he had mortgaged the land to ...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination. Court upholds findings that agreement was a lease under Transfer of Property Act, not a licence, and that tenant sublet premises without consent, violating Bombay Rent Act.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and right to reside in suit flat rejected as she failed to prove independent title or adverse possession against parents.

The case involves two appeals arising from property disputes between a daughter, Ms. Smita P. Doshi, and her parents, Mr. Pravinchandra H. Doshi and M...