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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff's Readiness and Willingness Established Despite Minor Discrepancies in Pleadings. Sale Agreement for Rs.14 Lakh with Rs.3 Lakh Advance Held Enforceable as Plaintiff Demonstrated Continuous Readiness and Willingness to Perform.

The appellant/plaintiff, K. Eswaran, filed a suit for specific performance of a sale agreement dated July 24, 2014, whereby the first defendant, S. Ja...

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Madras High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court's Decree for Specific Performance and Injunction. Sale Agreement with Full Payment and Possession Confers Equitable Right Under Section 53-A of Transfer of Property Act, 1882.

The plaintiff, Sarojini, filed a suit for specific performance of a sale agreement dated June 25, 2003, and for permanent injunction against the defen...

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Bombay High Court Dismisses Revision and Writ Petition in Lease Dispute — Possession Rights Determined by Eviction Order Under Maharashtra Rent Control Act. The court upheld the eviction of the licensee and vacated the temporary injunction, finding the alleged lease deed unregistered and not credible.

The case involves a dispute over possession of a flat in Mumbai. The Revision Applicant, Ganesh Arjun Chukkal, is a director of Brice Infrastructure &...

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Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

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High Court of Karnataka Quashes Sub-Registrar's Refusal to Delete Agreement of Sale Entry from Encumbrance Certificate. Sub-Registrar Has No Power to Make Entries of Unregistered Agreements of Sale Under Registration Act, 1908, and Cannot Refuse Deletion.

The petitioner, Ramesh Timmanna Umarani, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

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Karnataka High Court Dismisses Appeal in Specific Performance Suit — Agreement Not Proved. Plaintiffs failed to establish execution of agreement to sell dated 06.02.2009 due to lack of independent witnesses and suspicious circumstances.

The appellants (plaintiffs) filed a regular first appeal against the judgment and decree dated 29.01.2013 passed by the Principal Senior Civil Judge a...

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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Dismiss Suit for Specific Performance Based on Unregistered Agreement of Sale. Agreement of Sale Not Requiring Compulsory Registration Under Registration Act, 1908 as It Does Not Transfer Any Right, Title or Interest.

The respondent/plaintiff instituted O.S. No.67/2013 in the Court of Civil Judge, Muddebihal, seeking specific performance of an agreement of sale date...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...