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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Discretion to Grant Relief Upheld. Courts below correctly exercised discretion to decree specific performance of agreement to sell agricultural land based on credible evidence of payment and readiness.

The case involves a second appeal filed by the original defendant (appellants) against the judgment and decree passed in First Appeal No. 260/2014 by ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Madras High Court Dismisses Second Appeal in Property Dispute — Confirms Plaintiff's Title and Right to Recovery of Possession. Partition Deed and Revenue Records Establish Ownership; Permissive Occupation Revocable at Will.

The second appeal arose from a suit for declaration, recovery of possession and mandatory injunction filed by the plaintiff K.Saroja Ammal against the...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...

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Bombay High Court Allows Revision and Restores Rejection of Plaint in Suit Based on Unregistered Agreement. Suit for Declaration of Ownership and Injunction Fails as Agreement Not Produced and Suit Time-Barred Under Article 58 of Limitation Act, 1963.

The case involves a Civil Revision Application filed by Ajmera Enterprises (the applicant) against an order of the appellate court which had set aside...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Declaration Suit — Adoption Deed Not Proved and Suit Barred by Limitation. Plaintiff failed to establish adoption and possession within limitation period under Article 65 of Limitation Act, 1963.

The appellant, Ramning Ganesh Goankar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and ...