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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

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Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Supreme Court Upholds Punjab Religious Premises Act as Valid Classification Under Article 14. Tenants of Religious Institutions Not Entitled to Rent Control Protection as Religious Property Requires Summary Eviction Procedure to Prevent Maladministration.

The case involves an appeal by tenants occupying shops in Gurudwara Singh Sabha, Mandi Gobindgarh, Punjab, challenging the constitutional validity of ...

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Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Concurrent Findings of Fact Not Disturbed. Landlord failed to prove bonafide requirement and unlawful subletting under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, owners of a property in Thane, filed a suit for eviction of the respondents from a gala (shop) on grounds of default in rent, unlawfu...

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Bombay High Court Dismisses Second Appeal of Licensee in Possession Suit — Licensee Paying License Fee Not a Tenant Under Rent Control Order. Permission of Rent Controller Not Required for Eviction of Licensee Under C.P. & Berar Letting of Houses and Rent Control Order, 1949.

The respondent, a public trust registered under the Bombay Public Trust Act, 1950, owned premises in Wardha for promotion of Khadi and Village Industr...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Suit for Possession and Mesne Profits. Court upholds that a tenant's daughter-in-law and granddaughter, claiming independent title, cannot resist eviction after termination of tenancy under the Transfer of Property Act, 1882.

The case arises from a civil revision application filed by the original defendant nos. 1 and 2, Smt. Manju w/o Baldev Narang and Sapna d/o Baldev Nara...

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Bombay High Court Allows Tenant's Revision Against Eviction Decree for Lack of Valid Service of Notice Under Section 15 of Maharashtra Rent Control Act, 1999. The court held that the landlord failed to prove valid service of statutory notice, and the appellate court's finding was perverse.

The case involves a civil revision application filed by the tenant, Mohanlal Soni, challenging the decree of eviction passed by the learned District J...