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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 Upholds Will Genuineness in Property Dispute — Registered Will Not Vitiated by Suspicious Circumstances Despite Non-Mention of Heirs. Testator's Conscious Decision to Bequeath Part Property to Niece Upheld as Valid Exercise of Testamentary Power Under Indian Succession Act, 1925.

The case pertains to a dispute over the genuineness of a registered Will dated 09.10.1984 executed by Palaniandi Udyar in favour of Navamani Amma, who...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Benami Transaction Not Proved. Suit for declaration and possession decreed as plaintiff established title through sale deed and possession, while defendant failed to prove that property was purchased benami in plaintiff's name.

The appellant-defendant Mahadev filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the concurrent judgment...

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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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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...