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Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Sets Aside Mesne Profits Award. Co-owner in possession not liable for mesne profits without proof of ouster.

The appeal arises from a judgment and decree dated 28.02.2018 in O.S.No.65 of 2009 on the file of the Fast Track Mahila Court, Dindigul. The plaintiff...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court Decree. Handwriting Expert Evidence Cannot Override Consistent Testimony of Attesting Witnesses and Corroborative Receipt of Earnest Money.

The case involves a suit for specific performance of an agreement of sale dated 20.04.1993 for a house in Karimnagar. The plaintiff (appellant) allege...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Suit for possession based on title and prior possession; appellate court refused to re-appreciate evidence in second appeal under Section 100 CPC.

The present second appeal was filed by the original defendant No.1 challenging the judgment and decree passed in Regular Civil Appeal No.238 of 1987 b...

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High Court of Karnataka Allows Amendment of Plaint in Civil Suit for Permanent Injunction to Include Alternative Relief of Specific Performance. Pre-trial amendment under Order 6 Rule 17 CPC should be liberally allowed if no prejudice is caused to the opposite party.

The petitioner, Shri Bhramappa S/o Parappa Savadi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below have concurrently found that plaintiffs failed to prove title and possession.

The appellants (plaintiffs) filed a suit for declaration of title and permanent injunction in respect of certain immovable property. The trial court d...