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Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...

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Bombay High Court Allows Petition by Port Trust Against Sub-Tenant — Eviction Order Restored Under Public Premises Act. Sub-tenant cannot claim protection under Mumbai Municipal Corporation Act as premises are governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioner, the Board of Trustees of the Port of Mumbai (a statutory corporation), filed a writ petition challenging an order of the City Civil Co...

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Supreme Court Upholds Finality of Appellate Order Under Rent Act; Amended Section 29(2) Not Retrospective. High Court Revisional Power Under CPC, Not Amended Act, Applies to Pre-Amendment Decisions.

The dispute arose from a suit for ejectment, arrears of rent, and other dues filed in July 1958 by the respondent-landlord against the appellant-tenan...

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Bombay High Court Dismisses Landlord's Writ Petition in Eviction Suit Due to Bar of Civil Court Jurisdiction Under Bombay Tenancy Act. Permanent Tenancy Finding by Tahsildar Upheld, Civil Suit Not Maintainable.

The petitioner, Pandit Ramchandra Suryavanshi, filed a suit in the civil court for eviction of respondents 1, 2, and 3 from agricultural land. The tri...

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Bombay High Court Examines Validity of Land Acquisition under Maharashtra Slum Areas Act, 1971 for Non-Compliance with Prior Notice Requirement under Section 13. Petitioners Allege Violation of Natural Justice as Ex-Parte Award Passed Without Proper Service of Notices and Without Following Section 17(5).

The High Court of Bombay heard two writ petitions filed under Article 226 of the Constitution of India challenging the acquisition of land and a struc...

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Supreme Court Dismisses Appeal in Land Title Dispute — Concurrent Findings Upheld. Patta Validity Requires Proof of Abandonment or Revocation of Earlier Patta Under Madhya Pradesh Land Revenue Code.

The Supreme Court dismissed an appeal arising from a land title dispute in Madhya Pradesh. The respondents-plaintiffs (Shiv Nath and deceased Vishwana...

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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...