Search Results for "Constructive possession"

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Search Results for "Constructive possession"

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High Court

The High Court of Bombay at Aurangabad hears a second appeal concerning whether a purchase from an ostensible owner is protected under Section 41 of the Transfer of Property Act, 1882. The appeal also raises the issue of whether a transaction with a condition of reconveyance amounts to a mortgage by conditional sale under Section 58(c) of the same Act.

23 Apr 2010

The litigation originated from a dispute over a house property at Shani Mandir Road, Beed, which was purchased jointly by the original plaintiffs and ...

High Court

Bombay High Court Upholds Plaintiff in Suit for Declaration and Possession — Agreement for Sale Terminated Due to Dishonoured Post-Dated Cheques. Defendants' Claim of Protected Tenancy and Part Performance Rejected as They Failed to Pay Balance Consideration.

2 Aug 2011

The suit pertained to an agreement for sale of a flat and garage at 'Asha Mahal', Pedder Road, Bombay. The plaintiff, Yuvrani Hansa Devi, had initiall...

High Court

Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

3 Aug 2010

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

High Court

Bombay High Court Allows Second Appeals in Property Dispute, Remands for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the lower appellate court failed to properly analyze evidence regarding the starting point of limitation under Article 65 of the Limitation Act, 1963, and the plea of adverse possession.

30 Nov -0001

The case involves a property dispute in Velim, Goa. The appellants (legal heirs of Egidio Joaquim Fernandes and others) filed a suit for possession of...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings on Limitation and Validity of Sale Deed. Suit for Possession Based on Prior Agreement to Sell Held Not Barred by Limitation as Cause of Action Arose from Notice of Eviction, Not Registration of Sale Deed.

11 Jul 2019

The case involves a property dispute where the original plaintiff (now represented by legal heirs) filed a suit for possession based on an agreement t...

High Court

High Court of Judicature at Bombay Dismisses Defendants' Second Appeal in Property Possession Suit Based on Oral Gift (Hiba) Under Muslim Personal Law. Concurrent Findings of Fact Regarding Valid Oral Gift and Father's Admission in Written Statement Upheld; No Substantial Question of Law Arises.

16 Apr 2025

The dispute centered on ownership and possession of a property within a family, where the plaintiff, a son, claimed that his father had made an oral g...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

High Court

High Court of Karnataka Dismisses Appeal in Property Declaration Suit — Upholds Trial Court's Finding of Plaintiff's Ownership Based on Sale Deed and Possession. Defendants' Claim of Adverse Possession Fails as They Failed to Prove Hostile Possession for Statutory Period Under Section 65 of Limitation Act, 1963.

9 Apr 2025

The appeal arises from a judgment and decree dated 16.07.2018 passed by the II-Additional Senior Civil Judge, Ballari in O.S.No.211/2015, decreeing th...

High Court

Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

18 Oct 2013

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

31 Jan 2014

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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