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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Not Proved as Plaintiff Failed to Show Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant Balasubrama...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract for Sale of Agricultural Land.

The appellant/plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant B...

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High Court of Karnataka Dismisses Tenant's Second Appeal in Eviction Suit — Concurrent Findings of Default in Payment of Rent and Subletting Upheld. Section 100 CPC Appeal Fails as No Substantial Question of Law Arises.

The appellant, Abdul Hamed, was the first defendant in Original Suit No. 144/2008 filed by the respondents (plaintiffs) before the Principal Civil Jud...

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Bombay High Court Allows Second Appeal in Property Title Suit — Gift Deed Title Upheld Despite Survey Omission. Court holds that first appellate court misconstrued the gift deed and wrongly cast burden of proof on plaintiffs regarding limitation.

The appellants, Joaquim Antonio Pacheco and Marcelina Fernandes, filed a suit for declaration of title and correction of survey records in respect of ...

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Bombay High Court Dismisses Petition Challenging Order on Burden of Proof in Partition Suit — Defendants Claiming Under Gift Deed Must Prove Its Validity First. No Exceptional Circumstances to Shift Onus to Co-Defendants Under Order 18 Rule 2 CPC.

The case arises from a partition suit filed by the plaintiffs (respondent no.1 and others) in the Civil Judge, Senior Division, Malegaon, seeking part...