Search Results for "conditional sale deed"

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Search Results for "conditional sale deed"

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High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Prior Agreement of Sale as No Valid Contract Existed. The court held that the Official Assignee has the power to sell the insolvent's property free from an alleged agreement of sale that was not valid or enforceable under the Presidency Town Insolvency Act, 1909.

27 Feb 2026

The case involves an appeal filed by the Official Assignee of the High Court of Madras, representing the estate of Arjunlal Sunderdas (the insolvent),...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Attachment Under Section 60 CPC as It Was Not in Possession of Insolvent at Time of Adjudication. The Court held that upon adjudication, all property of the insolvent vests in the Official Assignee under Section 28(2) of the Presidency Towns Insolvency Act, 1909, and attachment before judgment does not prevent such vesting.

27 Feb 2026

The case arises from insolvency proceedings against Arjunlal Sunderdas (the insolvent). The Official Assignee, representing the estate of the insolven...

Supreme Court

Supreme Court Allows Appeal in Land Mutation Dispute Based on Registered Sale Deed — U.P. Zamindari Abolition and Land Reforms Act, 1950. Registered sale deed dated 04.06.1957 held valid without formal proof under Section 57 of Indian Evidence Act, 1872, and consolidation authorities' findings on title set aside.

1 Jan 2026

The dispute originated from a registered sale deed dated 04.06.1957, through which the predecessors of the appellants purchased agricultural land meas...

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 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...

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Dispute — Lease Deed Not Required to Be Registered Under Section 107 of Transfer of Property Act, 1882 for Monthly Tenancy. Tenant's Possession Held to Be Lawful Under Agreement of Lease, Not Liable for Eviction.

5 Apr 2019

The plaintiff, Mahendra Valji Rathod, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgm...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession Based on Title — Concurrent Findings of Fact Not Interfered With. Court upholds that a co-owner can sue for possession without impleading other co-owners and that adverse possession cannot be claimed against a co-owner.

4 Dec 2018

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

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 Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

17 Nov 2004

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

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