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Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 1st October 1974 Proved; Appellant as Subsequent Purchaser Not Protected Under Section 19(b) of Specific Relief Act, 1963.

The case involves a second appeal filed by Sadashiv Ramchandra Arve (original defendant no.3) against the judgment and decree dated 2nd December 1992 ...

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Bombay High Court Hears Writ Petitions Filed by Developer and Flat Purchasers Seeking Quashing of Stop Work Notice and Grant of Occupation Certificate. Dispute Between Developer and Landowner Leads to Stalling of Occupation Certificate for Completed Wing D.

The matter before the Bombay High Court arose from two writ petitions filed under Article 226 of the Constitution of India. The first petition, Writ P...

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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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Bombay High Court Dismisses Appeal Against Return of Plaint in Suit Involving Agreement for Flat Purchase. Amendment Seeking Declaration of Invalidity of Subsequent Sale Contract Held Governed by Section 6(iv)(ha) of Bombay Court Fees Act, 1959; City Civil Court Loses Pecuniary Jurisdiction.

The appeal arose from an order passed by the Judge, City Civil Court, Greater Mumbai, returning the plaint to the appellant under Order 7 Rule 10 of t...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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Bombay High Court Dismisses Petition Challenging Concurrent Orders Under Maharashtra Tenancy Act — Petitioner Failed to Prove Tenant Status. Landlord's Application for Possession Under Section 32-O Allowed as Tenant Could Not Establish Cultivation After Tillers' Day.

The petitioner, Shri Ananda Sakharam Padalkar, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order...