Search Results for "Attesting Witness"

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Search Results for "Attesting Witness"

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Supreme Court

Supreme Court Upholds Decree for Specific Performance in Agreement to Sell Dispute Involving Agricultural Land. Court Applies Doctrine of Lis Pendens to Transfers Made During Litigation and Affirms Plaintiff's Readiness and Willingness Based on Documentary Evidence.

9 Apr 2026

The appeal arose from a suit for specific performance of an agreement to sell dated 18.07.1988, where the plaintiff agreed to purchase agricultural la...

High Court

Madras High Court Allows Appeal in Mortgage Suit, Holds That Equitable Mortgage by Deposit of Title Deeds Is Valid and That Guarantors Are Jointly and Severally Liable for Principal Debt and Interest. The court decreed the suit for recovery of Rs.83,88,020.45 with 12% interest per annum on Rs.56,80,101.59 from the date of suit till realization, and passed a preliminary mortgage decree for sale of the mortgaged properties.

12 Feb 2026

The plaintiff, Coimbatore Capital Ltd., a trading member of the National Stock Exchange, filed a suit against two defendants, M.Ramasamy (since deceas...

High Court

High Court of Karnataka Dismisses Appeal Against Revocation of Probate — Will Execution Found Suspicious Due to Unnatural Circumstances and Lack of Proper Proof of Attestation Under Section 63 of Indian Succession Act, 1925. The court upheld the revocation of probate granted ex parte as the propounder failed to prove due execution and remove suspicious circumstances.

29 Nov 2024

The appellant, H Srinivas Rao, filed a Miscellaneous First Appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 15...

High Court

Karnataka High Court Dismisses Appeal in Specific Performance Suit — Agreement Not Proved. Plaintiffs failed to establish execution of agreement to sell dated 06.02.2009 due to lack of independent witnesses and suspicious circumstances.

23 Oct 2020

The appellants (plaintiffs) filed a regular first appeal against the judgment and decree dated 29.01.2013 passed by the Principal Senior Civil Judge a...

High Court

Bombay High Court Dismisses Second Appeals in Specific Performance Suit — Upholds Concurrent Findings of Fact on Agreement to Sell and Possession. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

3 Sep 2018

The case involves two second appeals arising from a common judgment of the appellate court in a suit for specific performance of an agreement to sell ...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Upheld. No substantial question of law found under Section 100 CPC, as courts below correctly decreed possession and mesne profits under Order XX Rule 12 CPC.

17 Oct 2016

The case arises from a suit for possession and mesne profits filed by the original plaintiff (now represented by respondents) against the original def...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court held that the appellants failed to prove their title over the suit property and that the sale deed executed by the original owner in favor of the respondents was valid.

23 Dec 2014

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land. They claimed ...

High Court

Bombay High Court Dismisses Second Appeal in Will Dispute — Upholds Concurrent Findings on Execution and Attestation of Will. Court holds that suspicious circumstances surrounding execution of Will must be proved by propounder, and failure to examine attesting witness leads to adverse inference under Section 68 of Indian Evidence Act, 1872.

8 Jun 2011

The case involves a second appeal filed by the appellant, Smt. Daisy Senso alias Daisy A. Serrao, who was the original defendant no.1, against the jud...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Agreement to Sell Not Proved as Execution and Attestation Were Not Established. The Court Held That the Plaintiff Failed to Discharge the Burden of Proof Under Section 16(c) of the Specific Relief Act, 1963 and Section 68 of the Evidence Act, 1872.

30 Nov -0001

The petitioner, Jayprakash Sitaram Goel, filed a suit for specific performance of an agreement to sell dated 1st May 1995 and for permanent injunction...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Concurrent Findings in Specific Performance Suit — Agreement to Sell Not Proved Due to Lack of Independent Witnesses and Discrepancies in Evidence.

30 Nov -0001

The petitioner, Narmadabai Baburao Harde, filed two writ petitions under Article 227 of the Constitution of India challenging the concurrent judgments...

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