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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...

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Bombay High Court Allows Tribal Landowner's Petition Challenging Refusal of Prior Approval Under Section 36A of Maharashtra Land Revenue Code. Government Circular Cannot Override Statutory Provisions for Sale of Tribal Land.

The petitioner, Kisan Songya Bangara, a tribal agriculturist, owned land in Valshind, Thane. He sought to sell the land to respondent No. 6, a non-tri...

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Bombay High Court Quashes Collector's Refusal to Grant Prior Approval Under Section 36A of Maharashtra Land Revenue Code for Sale of Tribal Land. Failure to Consider Petitioner's Application on Merits and Reliance on Unrelated Government Circular Renders Impugned Orders Unsustainable.

The petitioner, Kisan Songya Bangara, a tribal agriculturist, along with his family members, owned land bearing Survey No.46/2 (12.1 Ares) and Survey ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Decrees Upheld. Readiness and Willingness Proved by Payment of Full Consideration and Possession; Stamp Duty Deficiency Curable on Payment.

The respondent (original plaintiff) filed a suit for specific performance of an agreement for sale of immovable property. The suit property was origin...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Declares Sale Deeds Void. Co-owner's right to seek possession against trespasser without filing partition suit upheld under Section 100 CPC.

The case involves a property dispute where the appellant, Mahadeo Madhaoji Shitaye, filed a suit (Regular Civil Suit No. 140 of 1990) seeking declarat...

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High Court of Bombay at Goa Dismisses State Appeal in Land Title Suit — Upholds Declaration of Ownership and Injunction Against Revenue Authorities. Government Officials Cannot Unilaterally Alter Land Records Without Adjudication of Title Under Specific Relief Act, 1963.

The case involves an appeal by the State of Goa and its officers against a judgment and decree dated 1.4.2005 passed by the Additional District Judge,...