Search Results for "Reconveyance Deed"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Reconveyance Deed"

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High Court

Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

29 Nov 2023

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Sale Deed Held Outright, Not a Security Transaction. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

7 Feb 2020

The appeal arose from a suit for specific performance of an agreement of reconveyance. The plaintiff, A.S.C. Murthy, alleged that he borrowed money fr...

High Court

Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

11 Dec 2023

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

Supreme Court

Supreme Court Allows Defendant’s Appeal and Dismisses Plaintiff’s Appeal in Specific Performance Suit. Oral Agreement to Reconvey Property Not Proved; Decree Based on Defendant’s Written Statement Admission Set Aside Due to Non-Acceptance by Plaintiff.

18 Aug 1969

The dispute arose from a suit for specific performance of an oral agreement to reconvey property. The plaintiff, originally the owner of the suit prop...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Sale Deeds Held to be Mortgage by Conditional Sale. Transaction of 1977 and 1991 Declared Illegal as They Were Security for Loan, Not Out-and-Out Sale.

8 Oct 2018

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and the first appellate court, wh...

Supreme Court

Supreme Court Allows Restoration of Land Under West Bengal Restoration of Alienated Land Act, 1973 — Transfer in Distress and Agreement for Reconveyance Established. The Court held that transferors' stated purposes constituted distress and the agreement for reconveyance was valid, entitling them to restoration under Section 4 of the Act.

2 Nov 2020

The case involves an appeal by the original transferors of land (Renuka Dey and others) against the dismissal of their application for restoration of ...

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...

Supreme Court

Supreme Court Hears Appeal Against High Court's Dismissal of LPA in Land Possession Suit Involving Co-operative Society Charge – Re-conveyance Dispute. Civil appeal arises from High Court's affirmation of Single Judge's setting aside of trial court's decree of possession based on interpretation of Sections 47 and 48 of the Maharashtra Co-operative Societies Act, 1960, and the effect of subsequent release of society's charge.

26 Jul 2026

The dispute pertained to agricultural land in Maharashtra that was ancestral property of the original plaintiff. The plaintiff had obtained a loan fro...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed Held Nominal and Void for Lack of Collector's Permission Under Fragmentation Act. The court restored the Trial Court's finding that the sale deed was a nominal transaction and void under Section 8 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, reversing the lower Appellate Court's decree for possession.

30 Oct 2015

The case involves a second appeal arising from a property dispute over Survey No.20/2. The plaintiff-respondent No.1 (Damodhar Narayan Sawale) filed R...

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...

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