Search Results for "declaration decree"

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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

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Supreme Court Adjudicates Civil Appeal Regarding Ancestral Property Distribution Based on Registered Will and Oral Family Arrangement. Widow and Son of Deceased Farmer Dispute Title Over Agricultural Lands in Dasnapur Village.

This judgment concerns two civil appeals arising from a dispute over a parcel of agricultural land measuring 4 acres 16 guntas in village Dasnapur. Th...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Co-owner in possession cannot be dispossessed except by due process of law; decree for possession based on title is maintainable.

The present second appeal was filed by the original defendant (Rakesh Engineering, through its proprietor Chandrika Mohan Sharma) against the judgment...

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Bombay High Court Allows Correction of Land Acquisition Award to Reflect Petitioners as Owners Based on Civil Court Decree. The court held that revenue authorities are bound to give effect to a civil court decree declaring ownership and must correct the award under the Land Acquisition Act, 1894.

The petitioners, Vishwanath and Chandrasen, sons of Girmaji Gonde, filed a writ petition under Article 226 of the Constitution of India before the Bom...

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Bombay High Court Dismisses Civil Revision Application in Eviction Case — Subletting and Acquisition of Alternate Accommodation Established. Decree confirmed under Section 13(1)(e) and 13(1)(l) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The applicants, claiming to be tenants of the respondents, were involved in two suits: one filed by the applicants for declaration and injunction (R.A...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...