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Madras High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court's Decree for Specific Performance and Injunction. Sale Agreement with Full Payment and Possession Confers Equitable Right Under Section 53-A of Transfer of Property Act, 1882.

The plaintiff, Sarojini, filed a suit for specific performance of a sale agreement dated June 25, 2003, and for permanent injunction against the defen...

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High Court of Judicature at Madras Hears Civil Revision Petition Against Concurrent Eviction Orders Under Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. Tenant Challenges Eviction on Grounds of Willful Default, Denial of Title, and Demolition and Reconstruction.

The matter arose from a civil revision petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 before the High ...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction Case — Irregular Deposit of Rent Under Section 15(3) of Maharashtra Rent Control Act, 1999 Does Not Bar Eviction. Tenant's failure to deposit rent regularly despite court order justified decree for possession.

The case involves a dispute between the landlord (respondent) and the tenant (applicant) over eviction from a flat in Mumbai. The landlord filed a sui...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court Allows Son's Challenge Against Impleadment of Parents in Property Suit — Order Directing Addition of Parents as Parties Set Aside. Court holds that parents have no independent right to be impleaded in son's suit for possession against third parties under Order 1 Rule 10 CPC.

The petitioner, Parag Prakash Mutha, filed a writ petition challenging an order dated 10 January 2022 passed by the 7th Additional Judge, Small Causes...

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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...