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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Preliminary Decree Granting 1/3rd Share to Plaintiffs. Court holds that plaintiffs established their claim over ancestral property and that the suit was not barred by limitation.

The appeal arises from a preliminary decree passed in O.S.No.32/2015 by the Senior Civil Judge, Sirsi, decreeing the suit for partition. The plaintiff...

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High Court of Karnataka Dismisses Second Appeal in Property Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Second Appeal Under Section 100 CPC Dismissed as No Substantial Question of Law Arises.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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Bombay High Court Dismisses Transfer Application and Upholds Setting Aside of Abatement in Tenancy Suit. Allegations of bias against trial judge not substantiated; condonation of delay in bringing legal representatives justified to avoid multiplicity of litigation.

The applicants, Ezu Joseph Fernandes and others, filed a miscellaneous civil application before the Bombay High Court challenging two orders: (1) the ...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Default in Rent Payment Under Bombay Rent Act. Concurrent findings of courts below that tenant was defaulter upheld as no substantial question of law arose under Article 227.

The petitioner-tenant filed a writ petition under Article 227 of the Constitution of India challenging the concurrent findings of the trial court and ...

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Bombay High Court Upholds Landlord's Eviction Decree for Bonafide Need in Rent Control Case. Tenant's Hardship Claim Rejected as Landlord's Need for Business Premises Outweighed.

The petitioner, Smt. Shakuntalabai Deoram Thange, was a tenant in one room on the ground floor of House No. 155, Ward No. 4, Daund, District Pune. The...

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Bombay High Court Dismisses Tenant's Petition in Rent Default Case — Tenant Failed to Pay Rent for Six Months Despite Demand Notice. Appellate Court's Decree of Eviction Under Section 12 of Bombay Rent Act Upheld as Tenant Did Not Tender Rent Within One Month of Notice.

The petitioner, Arun Anant Tavkar, was a tenant of Flat No.3, Suyesh, Phirozshaw Mehta Road, Vile Parle (East), Bombay. The respondent, Smt. Suhas Yes...

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Bombay High Court Dismisses Union of India's Petition Against Eviction Order in Rent Dispute — Tenant's Failure to Pay Permitted Increase Under Section 12(2) of Bombay Rent Act Leads to Eviction.

The Union of India, as tenant of a property purchased by the respondents (landlords) via registered sale deed dated 3/11/1982, was served a notice dat...