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Karnataka High Court Hears Defendant's Appeal Against Specific Performance Decree. Trial Court Directs Execution of Sale Deed for Agricultural Land After Finding Valid Agreement of Sale.

The litigation arose from a suit for specific performance of an agreement of sale pertaining to agricultural land measuring 11 acres 21 guntas situate...

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SECOND APPEAL NO. 708 OF 2008

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Bombay High Court in Second Appeal Determines Whether Two Sale Deeds Give Rise to Distinct Causes of Action Under Order 2 Rule 2 CPC; Legal Heirs' Challenge to Second Alienation Not Barred by Splitting of Claims.

The litigation arose from two alienations of ancestral land by one Tikaram. Tikaram had sold 3.20 acres out of Khasra No. 189 to the defendants by a s...

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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Specific Performance of Land in Delhi. Leave under Clause XII of Letters Patent Granted by High Court Survives Transfer to City Civil Court Under Section 16(d) CPC.

The appellant, Nouveau Exports Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 20th October 2000 in respect of propert...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Confirms Concurrent Findings on Limitation and Valuation. Article 65 of Limitation Act, 1963 applies to suit for possession based on title, and valuation under Section 14(1) of Maharashtra Court Fees Act, 1959 is not a jurisdictional issue.

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection and Permission to Sue Under Section 91 CPC — Public Nuisance and Suit by Private Persons for Public Property Upheld

The petitioner, Omkar Pandit Bankar, filed a civil revision application challenging two orders passed by the Civil Judge, Junior Division, Jamner in R...

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KAHC020110942015_1

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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...