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Supreme Court Upholds Decree for Specific Performance in Agreement to Sell Dispute Involving Agricultural Land. Court Applies Doctrine of Lis Pendens to Transfers Made During Litigation and Affirms Plaintiff's Readiness and Willingness Based on Documentary Evidence.

The appeal arose from a suit for specific performance of an agreement to sell dated 18.07.1988, where the plaintiff agreed to purchase agricultural la...

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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

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High Court of Bombay Allows Second Appeal in Eviction Case Under Transfer of Property Act, Setting Aside Decree for Forfeiture of Tenancy. Mere Denial of Derivative Title by Tenant Held Not to Constitute Forfeiture Under Section 111(g); Suit Dismissed for Lack of Rent Controller Permission.

The dispute arose from a suit for eviction filed by the respondent-landlady, who had purchased a property from a trust, against the appellant-tenants ...

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Bombay High Court Dismisses Second Appeal in Partition Suit Due to Lack of Substantial Question of Law. Concurrent findings of fact by lower courts regarding joint family property and limitation cannot be interfered with under Section 100 CPC.

The appellant, Madhusudan Vishwanath Mule, filed a second appeal against the judgment and decree of the Civil Judge Junior Division at Malkapur dated ...

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Bombay High Court Upholds Will Validity in Succession Dispute — Reduces Bequest to Disposable Quota Under Portuguese Civil Code. Court holds that a testator cannot bequeath entire property to one heir if it prejudices the legitimate share of other heirs under the Portuguese Civil Code, 1867.

The case involves a dispute over the estate of late Calverto Saldanha. The appellants, Mr. Rosario Xavier Arquibaldo Fernandes and Mrs. Anacleta Ferna...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Bonafide Requirement of Landlord. Concurrent Findings of Fact on Bonafide Requirement and Greater hardship Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Upheld.

The petitioner, original defendant, was a tenant in a shop owned by the respondents, original plaintiffs. The plaintiffs filed a suit for eviction on ...

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Bombay High Court at Goa Upholds Eviction of Tenant for Wilful Default in Rent Payment Despite Prior Condonation Under Section 22(3) of Goa Rent Control Act. Tenant's repeated default and failure to pay rent for 14 months justifies eviction, and benefit under Section 22(3) cannot be claimed more than once.

The case involves a dispute between landlords (respondents) and a tenant (petitioner) over eviction from suit premises let out in January 1966 for a r...

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Bombay High Court Dismisses Developer's Maintainability Challenge and Upholds RERA Recovery Certificate in Allottee Refund Case. Real Estate Regulatory Authority Has Power to Issue Recovery Certificate Under Section 40(1) of RERA Act, 2016 for Refund Orders.

The judgment pertains to two connected matters: an Interim Application filed by the developer, Marvel Sigma Homes Pvt. Ltd., challenging the maintaina...