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Bombay High Court Hears Appeal Against Dismissal of Suit as Barred by Limitation in Benami Transaction Dispute. Preliminary Issues Under Section 9A CPC Involved Bar of Benami Act and Limitation.

The appeal before the Bombay High Court arose from the dismissal of Suit No.777 of 2014 by a learned Single Judge on the ground of limitation. The app...

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High Court of Karnataka Considers Validity of Will in Partition Appeal After Handwriting Expert Finds Signatures Not of Testator. Appeal Challenges Trial Court’s Dismissal of Suit for Intestate Partition Based on Unproven Will Under Indian Succession Act.

The appeal arose from the judgment and decree dated 8.10.2009 passed by the Civil Judge (Sr.Dn.) and ACJM, Karkala, in O.S.No.134/2006, dismissing a s...

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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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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

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Bombay High Court Quashes Eviction Order Passed by Senior Citizens Tribunal Against Non-Relative Tenant. Tribunal Lacked Jurisdiction as Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Does Not Empower Tribunal to Adjudicate Possession Disputes Between Senior Citizen and Stranger.

The dispute arose from an application filed by a 75-year-old senior citizen (respondent No.1) before the Tribunal constituted under Section 7 of the M...

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Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...