Search Results for "registered sale-deed"

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Bombay High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Sale Deeds Held to be Mortgage by Conditional Sale. Transaction of 1977 and 1991 Declared Illegal as They Were Security for Loan, Not Out-and-Out Sale.

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and the first appellate court, wh...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit — Upholds Concurrent Findings of Fact on Agreement to Sell and Possession. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

The case involves two second appeals arising from a common judgment of the appellate court in a suit for specific performance of an agreement to sell ...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration Due to Failure to Frame Points for Determination. The appellate court's judgment was set aside for non-compliance with Order 41 Rule 31 CPC, and the matter was remanded for fresh disposal.

The original plaintiff (since deceased, represented by his legal heir) filed a suit for removal of encroachment against defendant nos.1 and 2, claimin...

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Bombay High Court Dismisses Appeal for Specific Performance of Contract Due to Non-Compliance with Condition Precedent. Agreement for Sale of Land Reserved for Public Purpose Required Dereservation as Condition Precedent, Which Was Not Fulfilled by Plaintiff.

The appellant-plaintiff, Pooja Katare, through her power of attorney holder, filed a suit for specific performance of an agreement dated 16.05.2010 wi...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Sale Deed by Claimed Son-in-Law Declared Void. Burden of Proof for Marriage Lies on Person Asserting It; Failure to Prove Marriage Results in No Title to Convey.

The case involves a property dispute arising from a suit filed by Ramabai, widow of Dharma Khobragade, seeking declaration that a sale deed executed b...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...