Search Results for "Constructive possession"

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Bombay High Court Upholds Decree for Restoration of Possession Under Section 6 of Specific Relief Act, 1963 — Trial Court's Finding on Ownership Held Without Jurisdiction. Court sets aside finding on ownership but confirms decree as plaintiffs proved prior possession and wrongful dispossession.

The case involves a Civil Revision Application filed by the original defendant against a decree passed by the learned Joint Civil Judge, Senior Divisi...

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Supreme Court Holds Plaintiff Can Plead Adverse Possession Under Article 65 of Limitation Act — Preliminary Issue Covered by Ravinder Kaur Grewal. The Court overruled earlier decisions and directed merits consideration.

The Supreme Court disposed of three civil appeals involving a preliminary issue: whether a plaintiff can take the plea of adverse possession under Art...

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Supreme Court Allows Appeal in Adverse Possession Dispute Over 70-Year-Old Land Title Conflict. The Court held that the appellant had perfected title by adverse possession despite not being the true owner, based on continuous possession from 1963 to 1981 as shown in revenue records.

The dispute originated from a 1942 purchase of suit properties by Krishnamurthy S. Setlur (KS) through his general power of attorney, H.R. Narayana Iy...

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Bombay High Court Dismisses Petitions Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Suit for Possession and Mesne Profits Dismissed as Barred by Limitation and Res Judicata

The petitioners (original plaintiffs) filed a suit for possession and mesne profits against the respondents (original defendants) in respect of agricu...

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Bombay High Court Hears Interim Application in Suit for Cancellation of Lease Modification Deeds. Application Seeks Injunction Against Construction and Alienation of Cooperative Society Property.

The matter involved a cooperative housing society and its lessee/assignee concerning a perpetual lease on a portion of land. The plaintiff, Usha Sunde...

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Bombay High Court Dismisses Appeal Against Order of Temporary Injunction in Suit for Declaration of Ownership and Possession. Held That Plaintiffs Have Prima Facie Case and Balance of Convenience Favors Grant of Injunction Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order passed by the Civil Judge, Senior Division, Panaji, granting a temporary injunction in favour of the responden...

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INTERIM APPLICATION NO.1075 OF 2023

The plaintiff, Usha Sunder Premises CHS Ltd., a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960 with 25 members,...