Search Results for "Re-conveyance clause"

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Search Results for "Re-conveyance clause"

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High Court

Madras High Court Directs Expedited Reconveyance of Acquired Land to Educational Trust in Land Acquisition Dispute. Power Plant Company's Failure to Commence Project Triggers Proposal for Reconveyance.

29 Apr 2026

The appellant, CS Jain Educational Trust, filed a writ appeal against an order dated 01.04.2026 in W.P.No.36619 of 2024. The appellant's counsel relie...

High Court

Bombay High Court Allows Appeal in Suit for Specific Performance — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence and Failure to Examine Attesting Witnesses. The Court held that the plaintiff failed to prove execution of the agreement under Section 68 of the Evidence Act and readiness and willingness under Section 16(c) of the Specific Relief Act, reversing the lower appellate court's decree.

11 Dec 2025

The present appeal arises from a suit for specific performance of an agreement to sell dated 12-12-1994 filed by the original plaintiff (since decease...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed.

4 Aug 2022

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have...

Supreme Court

Supreme Court Allows Plaintiff in Mortgage Redemption Suit Under Transfer of Property Act, 1882, Reversing Lower Court Dismissals. The Court Held That a Document Titled 'Conditional Sale Deed' Was a Mortgage by Conditional Sale Under Section 58(c), Entitling the Plaintiff to Redeem the Property Upon Repayment.

13 Aug 2021

The dispute arose from a transaction dated 22.2.1969, where the plaintiff borrowed Rs. 3,000 from defendant No. 1 and executed a document titled 'cond...

Supreme Court

Supreme Court Dismisses Appeal in Mortgage Redemption Dispute — Agreement Held to be Mortgage by Conditional Sale. Debtor-Creditor Relationship and Reconveyance Clause in Same Document Establish Mortgage Under Section 58(c) of Transfer of Property Act, 1882, Entitling Mortgagor to Redeem Within Limitation Period.

12 Sep 2019

The case involves a dispute over the nature of an agreement dated 29.04.1971 (Exhibit 52) between the plaintiffs (respondents) and defendant no.1 (app...

Supreme Court

Supreme Court Upholds Mortgage by Conditional Sale in Property Redemption Dispute — Distinguishes from Sale with Condition to Repurchase Under Section 58(c) of Transfer of Property Act, 1882. The court affirmed that the transaction was a mortgage, not an absolute sale, and the mortgagor's heirs were entitled to redeem the property upon payment of the balance amount.

23 Apr 2019

The appeals arose from a suit for redemption of mortgage filed by the respondents-plaintiffs, who claimed that their father Shripad Joshi had mortgage...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Dispute. Deed termed 'conditional sale' interpreted as mortgage under Section 58(c) of Transfer of Property Act, 1882, entitling plaintiff to redemption.

7 Mar 2017

The case involves a dispute over the interpretation of a deed executed between the parties, termed as 'conditional sale'. The appellant (original defe...

High Court

Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale, Due to Absence of Possession Transfer and Presence of Debtor-Creditor Relationship. The court reversed the appellate decree and restored the trial court's finding that the deed was a mortgage under Section 58(c) of the Transfer of Property Act, 1882, as the plaintiff remained in possession and the consideration was inadequate.

15 Feb 2011

The case involves a dispute over a house property in Ratna Pimpri village, Jalgaon district. The original plaintiff, Vitthal Maharu Patil (since decea...

High Court

Bombay High Court Allows Appeal in Suit for Reconveyance of Sale Deed Executed as Security for Loan — Transaction Held to be Mortgage by Conditional Sale. The court held that a sale deed executed with an agreement to reconvey upon repayment of a loan constitutes a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the suit for reconveyance filed within 30 years was within limitation.

26 Oct 2010

The appellant, Balbhim Sakharam Magar, filed an appeal against the judgment and order dated 10th July, 2003 in Regular Civil Appeal No. 25 of 1993, wh...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Agreement of 1952 Construed as Mortgage, Limitation Period Under Article 34 of Limitation Act, 1963 Applies. The court held that the document dated 5-6-1952, though styled as a conveyance, was in fact a mortgage by conditional sale, and the suit for redemption was not barred by limitation as the mortgagee's possession did not become adverse.

20 Jan 2005

The appellants, unsuccessful plaintiffs in a suit for redemption of mortgage, filed a Second Appeal against the judgment of the first appellate court ...

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