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Bombay High Court Dismisses Second Appeal in Land Title Dispute — Mutation Entries Not Conclusive Proof of Title. Revenue authorities' decisions in mutation proceedings do not determine title; civil court must decide based on evidence.

The appellants (original plaintiffs) filed a second appeal against the judgment and decree dated 7th November 1990 passed by the learned Additional Di...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a suit for declaration of ownership and injunct...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree. First Appellate Court's Reversal Set Aside for Failing to Appreciate Preponderance of Probability and Ignoring Undisputed Title of Appellant Over Part of Suit Property.

The case involves a second appeal filed by Smt. Laxmibai Govind Bhat Korde (appellant) against the judgment and decree of the First Appellate Court wh...

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Bombay High Court Allows Second Appeal in Property Suit — Finds Lower Appellate Court Failed to Consider Evidence Properly Under Section 100 CPC. The Court held that the first appellate court must independently assess evidence and cannot merely affirm the trial court's findings without proper reasoning.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the 2nd Ad-hoc Additional District ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The present second appeal arises from a suit for possession filed by the respondents (original plaintiffs) against the appellants (original defendants...

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Bombay High Court Allows Second Appeal in Eviction Suit, Sets Aside Decree for Possession. Landlord's Title Not Proved as Sale Deed Was Not Duly Executed and Registered Under Transfer of Property Act, 1882.

The case involves a second appeal arising from an eviction suit. The respondents (plaintiffs) filed Regular Civil Suit No. 51 of 1993 seeking eviction...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Shop Premises Enforced as Plaintiff Proved Continuous Readiness and Defendants Failed to Execute Sale Deed Despite Receiving Earnest Money.

The respondent (original plaintiff) filed Special Civil Suit No.136 of 1987 for specific performance of an agreement to sell dated 19.7.1987, whereby ...

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Bombay High Court Dismisses Second Appeals in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as findings were based on appreciation of evidence and not perverse.

The judgment pertains to two second appeals arising from a property dispute among members of the Desai family. The appellants, original defendants 1 t...