Search Results for "constructive possession"

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. Plaintiff failed to prove joint family property and possession within limitation under Hindu Succession Act, 1956.

The case involves a second appeal filed by the plaintiffs, who were the widow and daughters of Daulatram, against the dismissal of their suit for part...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The present second appeal arises out of a suit for declaration of title and permanent injunction filed by the original plaintiff Basavaiah (since dece...

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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC.

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that ...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession.

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...

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High Court of Bombay at Goa Examines Challenge to Hotel Construction Permissions on Mandovi River Bank Under Coastal Regulation Zone Notification. Environmental Group Alleges Violations of CRZ Norms Due to Construction Within 100 Metres of High Tide Line.

The case originated from a writ petition filed in 1993 by an environmental society and an individual resident of Goa, challenging a series of permissi...

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Karnataka High Court Dismisses Appeal in Partition Suit — Appellant Fails to Prove Self-Acquired Property. Joint Family Property Presumed Where Common Funds Used and Possession Shared.

The case involves a partition suit filed by the respondents (plaintiffs) against the appellant (defendant) seeking partition and separate possession o...

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Supreme Court Upholds Full Ownership for Widow under Hindu Succession Act, 1956. Widow's Pre-1956 Acquisition via Partition Award Confers Absolute Rights under Section 14(1), Not Restricted Estate under Section 14(2).

A Hindu male, who owned self-acquired properties, died in 1947 leaving behind five sons and a widow. In 1950, the heirs appointed an arbitrator to par...