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Bombay High Court Allows Landlady's Revision in Rent Control Eviction Suit — Tenant's Appeal Set Aside for Non-Compliance with Section 13(1)(a) of Bombay Rent Act. Tenant's Failure to Use Premises with Care and Damage to Property Justifies Eviction Under Section 108(o) of Transfer of Property Act, 1882.

The Civil Revision Application was filed by the original Plaintiff/landlady, Sau. Suman Ramesh Samant, against the Respondent/original Defendant/tenan...

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Madras High Court Dismisses Second Appeal in Partition Suit — Settlement Deed by Father Not Invalid as Properties Were Self-Acquired, Not Ancestral. Plaintiff Failed to Prove Ancestral Nature of Suit Properties Under Hindu Succession Act, 1956.

The appellant/plaintiff filed a suit for partition and permanent injunction claiming that the suit properties were ancestral properties of Arunachala ...

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High Court of Karnataka Allows Appeal in Partition Suit — Remand for Proper Commissioner Appointment Under Order 26 Rule 9 CPC. Lower Appellate Court's Remand Order Set Aside for Not Deciding Merits; Matter Remanded for Fresh Disposal.

The appellant, Nandareddy, filed a Miscellaneous Second Appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908, challenging the judgment...

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Madras High Court Hears Writ Petitions Challenging Land Administration Order and Seeking Patta Issuance. Petitioners Seek Certiorarified Mandamus to Quash Orders Refusing Patta in Re-Survey No.422 Malayadi Village.

Two writ petitions were filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus. The first petition, W.P.(MD)No...

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Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment on Community Land — Muslim Association's Locus Standi Upheld. The court held that an unregistered association can sue to protect its property and that permissive possession can be revoked at any time.

The dispute pertains to a stall/gada situated on a strip of land in Survey No. 213/11 of Piligao village, Goa. The plaintiff, an association of the Mu...

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Karnataka High Court Allows Appeal Against Dismissal of Injunction in Property Dispute — Prima Facie Case Established for Temporary Injunction. The court set aside the trial court's order and remanded for fresh consideration of the injunction application under Order 39 Rules 1 and 2 CPC.

The appellant, M/s Lumbini Gardens Limited, filed a suit for permanent injunction to restrain the respondents (State of Karnataka and others) from unl...

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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff's Readiness and Willingness Established Despite Minor Discrepancies in Pleadings. Sale Agreement for Rs.14 Lakh with Rs.3 Lakh Advance Held Enforceable as Plaintiff Demonstrated Continuous Readiness and Willingness to Perform.

The appellant/plaintiff, K. Eswaran, filed a suit for specific performance of a sale agreement dated July 24, 2014, whereby the first defendant, S. Ja...

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High Court of Karnataka Quashes Order Setting Aside Ex-Parte Decree in Injunction Suit — Petitioner/Plaintiff Succeeds in Restoring Ex-Parte Decree. Trial Court's Order Allowing Restoration Under Order IX Rule 13 CPC Set Aside Due to Lack of Sufficient Cause for Non-Appearance.

The petitioner, Nagireddy, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 09.10.2017 passed by the 31...