Search Results for "oral gift deed"

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High Court of Bombay at Goa Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Fact. The Court held that no substantial question of law arose under Section 100 CPC as the findings of the courts below were based on appreciation of evidence and not perverse.

The case involves a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the legal representatives of the original plaintiff...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to Produce Documents in Suit for Declaration of Ownership. Trial Court's Order Quashed for Non-Application of Mind; Liberal Approach Under Order 13 Rule 1 CPC Adopted.

The petitioners, who are defendants in O.S. No. 38/2019 pending before the Principal Senior Civil Judge, Chikodi, filed a writ petition under Articles...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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High Court of Karnataka Adjudicates Appeal in Ejectment Suit — Dispute Over Tenancy and Part Performance Under Section 53A Transfer of Property Act. Plaintiffs Claimed Tenancy Had Terminated; Defendants Asserted Possession Under Agreement to Sell and Assignment, Invoking Shield of Part Performance.

This appeal under Section 96 of the Code of Civil Procedure, 1908, arose from the dismissal of a suit for ejectment filed by five sisters against two ...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Civil Judge's Order Refusing Temporary Injunction in Suit for Declaration and Injunction — Petitioner Failed to Establish Prima Facie Case for Injunction Under Order 39 Rules 1 and 2 CPC.

The petitioner, Shri Jacinto Da Silva, filed a civil suit before the Civil Judge, Senior Division, Margao, seeking a declaration of title and permanen...

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Bombay High Court Dismisses Second Appeal in Co-owner Possession Suit — Maintainability Upheld Despite Non-joinder of Other Co-owners. Gift Deed of 1930 Presumed Valid Under Section 90 of Indian Evidence Act, 1872 as 30-Year-Old Document.

The case involves a second appeal arising from a suit for possession filed by the respondent (original plaintiff) against the appellants (defendants) ...

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Bombay High Court Dismisses Second Appeals in Property Dispute — Concurrent Findings of Fact Upheld. No substantial question of law arose as the appellant failed to prove title and possession over suit land.

The appellant, Bajirao Ramchandra Shelar, filed two second appeals (Second Appeal No.494 of 1990 and Second Appeal No.495 of 1990) against the judgmen...