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High Court Dismisses Second Appeal in Civil Land Dispute Due to Absence of Substantial Question of Law. Appellate Court's Factual Findings on Possession and Evidence Appreciation Upheld as Not Perverse Under Section 100 of Code of Civil Procedure, 1908.

The dispute concerned agricultural land in Survey No.517 at village Chitroda, where the appellants (original plaintiffs) sought permanent injunction a...

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High Court Dismisses Second Appeal Against Specific Performance Decree; Power of Attorney Holder's Evidence Accepted. Readiness and Willingness Proved Through Personal Knowledge of Father Who Was Present at Agreement Execution Under Section 16(c) of Specific Relief Act, 1963.

The appellant, original defendant No.2, challenged the concurrent findings of the trial court and the appellate court which decreed a suit for specifi...

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Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

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High Court of Karnataka Allows Second Appeal in Property Suit — First Appellate Court's Reversal Set Aside Due to Perverse Findings on Adverse Possession. Burden of Proof for Adverse Possession Lies on Claimant; Mere Long Possession Insufficient Under Section 100 CPC.

The present appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a judgment and decree dated 2.6.2007 passed by the Civil Judge ...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case pertains to a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 20.07...

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Supreme Court Dismisses Appeals Claiming Easementary Rights Over 20ft Wide Road — Pleadings Must Specifically Allege 20-Year User for Prescription Under Section 15 of Indian Easements Act, 1882. Easement of Necessity Requires Proof of Absolute Necessity and Common Origin, Which Was Not Established.

The dispute pertains to easementary rights over a 20ft wide road situated on land Survey No.57 Hissa No.13A/1 owned by the respondents (Ramani's). The...

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Bombay High Court Dismisses Second Appeal in Ejectment Suit — Maintainability of Suit Without Rent Controller Permission Upheld. Lease Agreement for Fixed Term Not Requiring Notice Under Section 106 of Transfer of Property Act, 1882.

The case involves a second appeal by the defendant, Shankar s/o Ratiram Bhure, against the decree of ejectment passed by the trial court and confirmed...